Preview
ME
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Apr-01-2014 04:26 pm
Case Number: CGC-13-528383
Filing Date: Apr-01-2014 12:45 pm
Filed by: VANESSA WU
Juke Box: 001 Image: 04430036
ANSWER
NINA ZHIGADLO VS. MERIDIAN MANAGEMENT GROUP et al
001004430036
Instructions:
Please place this sheet on top of the document to be scanned.
/eCnn DA UNF WN HK
NN NR Be BB Be eB ew ee
BRERRRBRHK ESE RWREAEBTH EE S
KURT BRIDGMAN, SBN 145151
LOW, BALL & LYNCH
505 Montgomery Street, 7th Floor
San Francisco, California 94111
Telephone: (415) 981-6630
Facsimile: (415) 982-1634
jskrmpotic@lowball.com
Attorneys for Defendants
MERIDIAN MANAGEMENT GROUP
AND FRONTENAC APARTMENTS, LP
FILED
San Francisco County Superior Court
APR 01 2014
CLERK OF THE COURT
BY ceneseenne
Deputy Chen
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
NINA ZHIGADLO, AURORA KING, and
JUSTIN ALLEN,
Plaintiffs, and each of
them,,
vs.
MERIDIAN MANAGEMENT GROUP;
FRONTENAC APARTMENTS, LP; HYDE
STREET HOLDING COMPANY, LLC, and
DOES 1 through 40, inclusive,
Defendants.
No. CGC-13-528383
(Unlimited Jurisdiction)
DEFENDANT MERIDIAN
MANAGEMENT GROUP’S AND
FRONTENAC’S ANSWER TO SECOND
AMENDED COMPLAINT
DEFENDANT MERIDIAN MANAGEMENT GROUP and FRONTENAC APARTMENTS,
LP, and each of them [hereinafter the “defendant” or “defendants”], in answer to the allegations of the
unverified Second Amended Complaint on file herein, denies each and every allegation of said
complaint, and in this connection defendants deny that plaintiffs, and each of them,, individually or
collectively, have been injured or damaged in any of the sums mentioned in the complaint or in any
other amount by reason of any act or omission of these defendants, or either of them.
FIRST AFFIRMATIVE DEFENSE
AS AND FOR A FIRST, SEPARATE AND DISTINCT DEFENSE, DEFENDANTS
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DEFENDANTS’ ANSWER TO SECOND AMENDED COMPLAINT
J:\1203\SF0715\Pleading\Answer to second amended complaint-Defendants.docx.docxcm nr DH FF BN
NY NY SF BB Be Be eB eB RB Be
BF SS © ae IQ DAA BF wWw NH KF DS
23
ALLEGES:
Plaintiffs, and each of them, assumed the risk of any injuries and/or damages resulting from the
matters set forth in said complaint, and that said assumption of risk by plaintiffs, and each of them,
were a cause of the injuries and/or damages alleged by plaintiffs, and each of them, if any there were.
SECOND AFFIRMATIVE DEFENSE
AS AND FOR A SECOND, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
Those plaintiffs, and each of them, were themselves negligent and careless in and about the
matters and events set forth in the complaint, and that said negligence contributed to their alleged
injuries and/or damages. A verdict of the jury in favor of plaintiffs, and each of them, if any, which
may be rendered in this case must therefore be reduced by the percentage that plaintiff's, and each of
them, contributed to the accident and injuries complained of, if any there were.
THIRD AFFIRMATIVE DEFENSE
AS AND FOR A THIRD, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
Plaintiffs, and each of them, their invitees and/or agents were negligent and careless in and
about the matters and events set forth in the complaint, that said negligence contributed to the alleged
injuries and/or damages, and that said negligence is imputed to plaintiffs, and each of them. The
verdict of the jury in favor of plaintiffs, and each of them, if any, which may be rendered in this case
must therefore be reduced by the percentage that plaintiffs, and each of them, their invitees and/or
agents’ negligence contributed to the accident and injuries complained of, if any there were.
FOURTH AFFIRMATIVE DEFENSE
AS AND FOR A FOURTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
The complaint does not state facts sufficient to constitute a cause of action against these
answering defendants, individually or collectively.
FIFTH AFFIRMATIVE DEFENSE
2-
DEFENDANTS’ ANSWER TO SECOND AMENDED COMPLAINT
J:\1203\SFO715\Pleading\Answer to second amended complaint-Defendants.docx.docx0 Oo YN DH FF WN
RN NY Ye Be Be Be Be Be Be Be eB
vn —-§ S$ © ae A DHA BF BN SF SO
AS AND FOR A FIFTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
That each cause of action does not state facts sufficient to constitute a cause of action against
these answering defendants, individually or collectively.
SIXTH AFFIRMATIVE DEFENSE
AS AND FOR A SIXTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
The events at issue were caused by the sole negligence of third parties.
SEVENTH AFFIRMATIVE DEFENSE
AS AND FOR A SEVENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
That the matters alleged in the complaint were caused by the sole negligence of third parties.
EIGHTH AFFIRMATIVE DEFENSE
AS AND FOR AN EIGHTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
Plaintiffs, and each of them,’ cause of action is barred by reason of the provisions of California
Code of Civil Procedure sections 335.1, 337, 337.1, 338, 339, 340, and 343.
NINTH AFFIRMATIVE DEFENSE
AS AND FOR A NINTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
The property in question was improperly used, and that this improper use caused or contributed
to the events and injuries, loss and damages complained of, if any there were.
TENTH AFFIRMATIVE DEFENSE
AS AND FOR A TENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
The property in question was abused, and that this abuse caused in whole or part the events and
injuries, loss and damages complained of, if any there were.
ELEVENTH AFFIRMATIVE DEFENSE
3.
DEFENDANTS’ ANSWER TO SECOND AMENDED COMPLAINT
J:\1203\SF0715\Pleading\Answer to second amended complaint-Defendants.docx.docxoe ND WH FF WN
Pe Be eB Be Be Be Be Be Be
S 6 e UA ARKH HN FS
22
27
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AS AND FOR AN ELEVENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
The property in question herein was not used as and for its intended purpose, thus relieving
these defendants from all liability which may arise from such use.
TWELFTH AFFIRMATIVE DEFENSE
AS AND FOR A TWELFTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
Defendants deny that it has breached any contract or warranty to plaintiffs, and each of them, or
either of them, giving rise to the damages alleged herein, and defendants further allege that any
damages incurred herein by the plaintiffs, and each of them, or either of them, is solely and totally due
to the acts or omissions of plaintiffs, and each of them, and/or plaintiffs, their agents, or invitees or
others, for which this defendant has no responsibility.
THIRTEENTH AFFIRMATIVE DEFENSE
AS AND FOR A THIRTEENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
That the plaintiffs, and each of them, failed to give notice of any breach of warranty within a
reasonable time after plaintiffs, and each of them, knew, or should have known, of said breach of
warranty, said breach of warranty not being herein admitted but being expressly denied.
FOURTEENTH AFFIRMATIVE DEFENSE
AS AND FOR A FOURTEENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
Those plaintiffs, and each of them, failed to state a cause of action against these defendants in
breach of warranty in that there was no privity between them as to give rise to this cause of action.
FIFTEENTH AFFIRMATIVE DEFENSE
AS AND FOR A FIFTEENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
With full knowledge, plaintiffs, and each of them, made an anticipatory breach of the contract
alleged in the complaint herein with the full knowledge and intent that the contract would no longer be
-4-
DEFENDANTS’ ANSWER TO SECOND AMENDED COMPLAINT
J\1203\SFO715\Pleading\Answer to second amended complaint-Defendants.docx.docxCoC em ND RH FF WN KB
NY NY NY Se BeBe Be Be Be Be Re eS
no = Ss © we ADA FB WN KF CS
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valid and/or binding on either party and the terms and conditions would no longer be binding.
SIXTEENTH AFFIRMATIVE DEFENSE
AS AND FOR A SIXTEENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
Plaintiffs, and each of them, failed to mitigate their damages.
SEVENTEENTH AFFIRMATIVE DEFENSE
AS AND FOR A SEVENTEENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
Plaintiffs, and each of them, were guilty of willful misconduct and wanton and reckless
behavior in and about the matters and events set forth in said complaint; and that said willful
misconduct and wanton and reckless behavior contributed to the injuries and damages alleged, if any
there were.
EIGHTEENTH AFFIRMATIVE DEFENSE
AS AND FOR AN EIGHTEENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
Prior to the time when defendants are alleged to have committed the acts complained of,
plaintiffs, and each of them, invited, gave permission to, and consented to the acts alleged in the
complaint. Each of the acts alleged in the complaint, which acts are expressly denied, was done within
the scope of this consent and permission.
NINETEENTH AFFIRMATIVE DEFENSE
AS AND FOR A NINETEENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
Should plaintiffs, and each of them, recover non-economic damages against any defendant, the
liability for non-economic damages is limited to the degree of fault and several liability of said
defendant pursuant to Civil Code section 1431.2 and a separate, several judgment shall be rendered
against said defendant based upon said defendant's degree of fault and several liability.
TWENTIETH AFFIRMATIVE DEFENSE
-5-
DEFENDANTS’ ANSWER TO SECOND AMENDED COMPLAINT
J.\1203\SFO715\Pleading\Answer to second amended complaint-Defendants.docx.docxAS AND FOR A TWENTIETH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
As a further, separate, aifirmative defense that defendants are entitled to a set-off of any
damages recovered by plaintiffs, and each of them.
TWENTY-FIRST AFFIRMATIVE DEFENSE
AS AND FOR A TWENTY-FIRST, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
Defendants allege as a new matter that the alleged acts and/or ownership were done in good
faith, and that plaintiffs, and each of them, and each of them, failed to cooperate or prevented access so
that remedial action.
TWENTY-SECOND AFFIRMATIVE DEFENSE
AS AND FOR A TWENTY-SECOND, SEPARATE AND DISTINCT DEFENSE,
DEFENDANT ALLEGES:
Defendants allege as a new matter that it is entitled to the protection of various equitable
defenses, including laches.
TWENTY-THIRDTHIRD AFFIRMATIVE DEFENSE
AS AND FOR A TWENTY-THIRD, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
Defendants allege as a new matter that plaintiffs, and each of them, have improperly joined the
defendants in this action, in violation of CCP Section 430.10(d), and, as result, the case should be
dismissed against both defendants and properly re-filed.
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DEFENDANTS’ ANSWER TO SECOND AMENDED COMPLAINT
J:\1203\SFO715\Pleading\Answer to second amended complaint-Defendants.docx.docx1 WHEREFORE, defendants pray that plaintiffs, and each of them, take nothing by way of the
2 || complaint on file herein and that defendants have judgment for their costs, and for such other and
3 |j further relief as the court deems proper.
Dated: March 31, 2014
LOW, BALL & LYNCH
Dp
By
KURT BRIDGMAN
Attorneys for Defendants
MERIDIAN MANAGEMENT GROUP and
10 FRONTENAC APARTMENTS, LP
-1-
DEFENDANTS’ ANSWER TO SECOND AMENDED COMPLAINT
J:\1203\SF0715\Pleading\Answer to second amended complaint-Defendants.docx.docx0 Oe ND OH BF WN
Yb oN Rw NY NR VY NY Se Be Re BP BP Be Be BR eB Be
RBNRRRBBRBSESEDTREAEBHESS
PROOF OF SERVICE
I am over the age of eighteen (18) years and not a party to the within action. I am employed at
Low, Ball & Lynch, 505 Montgomery Street, 7th Floor, San Francisco, California 94111.
On the date indicated below, I served the following documents enclosed in a sealed envelope on
the listed addresses:
DOCUMENT: DEFENDANT MERIDIAN MANAGEMENT GROUP’S AND
FRONTENAC’S ANSWER TO SECOND AMENDED COMPLAINT
ADDRESSES: SEE ATTACHED SERVICE LIST
[xX] (BY MAIL) I placed a true copy, enclosed in a sealed, postage paid envelope, and deposited
same for collection and mailing at San Francisco, California, following ordinary business
practices, addressed as set forth above.
[1 (BY PERSONAL SERVICE) I caused each such envelope to be delivered by hand to the
addressees noted above or on the attachment herein by Quake Litigation Support Systems.
fl (BY FACSIMILE) | caused the said document to be transmitted by Facsimile transmission to
the number indicated after the addresses noted above or on the attachment herein.
Tl (BY OVERNIGHT COURIER) I caused each such envelope addressed to the parties to be
deposited in a box or other facility regularly maintained by the overnight courier or driver
authorized by the overnight courier to receive documents.
fl (BY E-MAIL/ELECTRONIC TRANSMISSION) I caused the said document(s) to be sent
to the person(s) at the e-mail address(es) indicated above or on the attachment herein.
lam readily familiar with this law firm’s practice for the collection and processing of documents
for regular and certified mailing, overnight mail, personal service, electronic transmission, and facsimile
transaction, and said documents are deposited with the United States Postal Service or overnight courier
depository on the same day in the ordinary course of business.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at San Francisco, California on April 1, 2014.
ig in
Laura L. Luz "
-8-
DEFENDANTS’ ANSWER TO SECOND AMENDED COMPLAINT
J:\1203\SFO715\Pleading\Answer to second amended complaint-Defendants.docx.docxCon Dn nH FF YW YN
NON BoB eR Be Be Be Be Be eB
SB & Beaetwtwanaankrk Bune s
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SERVICE LIST
Eric L. Lifschitz, Esq.
Aaron H. Darsky, Esq.
Law Offices of Eric L. Lifschitz
345 Franklin Street
San Francisco, CA 94102
Telephone: 415/553-6055
Facsimile: 415/358-5647
Attys. for Nina Zhigadlo. Auroroa King and
Justin Allen
John H. Podesta
Dana Tom
Murchison & Cumming
Embarcadero Center West
275 Battery Street, Suite 550
San Francisco, CA 94111
Tel: (415) 524-4300
Fax: (415) 391-2058
Attys. For Meridian Management Group
Conor Granahan, Esq.
Law Offices of Conor Granahan
345 Franklin Street
San Francisco, CA 94102
Telephone: 415/830-3325
Facsimile: 415/723-7274
Attys. for Nina Zhigadlo. Auroroa King and
Justin Allen
Gregory R. De La Pefia
Malcolm E. McLorg
De La Pefia & Holiday LLP
One Embarcadero Center, Suite 2860
San Francisco, CA 94111
General: (415) 268-8000
Direct: (415) 268-8142
Fax: (415) 268-8180
Attys, For Hyde Street Holding Company, LLC
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DEFENDANTS’ ANSWER TO SECOND AMENDED COMPLAINT
J,\1203\SFO715\Pleading\Answer to second amended complaint-Defendants.docx.docx
Preview
ME SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Apr-01-2014 04:26 pm Case Number: CGC-13-528383 Filing Date: Apr-01-2014 12:45 pm Filed by: VANESSA WU Juke Box: 001 Image: 04430036 ANSWER NINA ZHIGADLO VS. MERIDIAN MANAGEMENT GROUP et al 001004430036 Instructions: Please place this sheet on top of the document to be scanned. /eCnn DA UNF WN HK NN NR Be BB Be eB ew ee BRERRRBRHK ESE RWREAEBTH EE S KURT BRIDGMAN, SBN 145151 LOW, BALL & LYNCH 505 Montgomery Street, 7th Floor San Francisco, California 94111 Telephone: (415) 981-6630 Facsimile: (415) 982-1634 jskrmpotic@lowball.com Attorneys for Defendants MERIDIAN MANAGEMENT GROUP AND FRONTENAC APARTMENTS, LP FILED San Francisco County Superior Court APR 01 2014 CLERK OF THE COURT BY ceneseenne Deputy Chen IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO NINA ZHIGADLO, AURORA KING, and JUSTIN ALLEN, Plaintiffs, and each of them,, vs. MERIDIAN MANAGEMENT GROUP; FRONTENAC APARTMENTS, LP; HYDE STREET HOLDING COMPANY, LLC, and DOES 1 through 40, inclusive, Defendants. No. CGC-13-528383 (Unlimited Jurisdiction) DEFENDANT MERIDIAN MANAGEMENT GROUP’S AND FRONTENAC’S ANSWER TO SECOND AMENDED COMPLAINT DEFENDANT MERIDIAN MANAGEMENT GROUP and FRONTENAC APARTMENTS, LP, and each of them [hereinafter the “defendant” or “defendants”], in answer to the allegations of the unverified Second Amended Complaint on file herein, denies each and every allegation of said complaint, and in this connection defendants deny that plaintiffs, and each of them,, individually or collectively, have been injured or damaged in any of the sums mentioned in the complaint or in any other amount by reason of any act or omission of these defendants, or either of them. FIRST AFFIRMATIVE DEFENSE AS AND FOR A FIRST, SEPARATE AND DISTINCT DEFENSE, DEFENDANTS -l- DEFENDANTS’ ANSWER TO SECOND AMENDED COMPLAINT J:\1203\SF0715\Pleading\Answer to second amended complaint-Defendants.docx.docxcm nr DH FF BN NY NY SF BB Be Be eB eB RB Be BF SS © ae IQ DAA BF wWw NH KF DS 23 ALLEGES: Plaintiffs, and each of them, assumed the risk of any injuries and/or damages resulting from the matters set forth in said complaint, and that said assumption of risk by plaintiffs, and each of them, were a cause of the injuries and/or damages alleged by plaintiffs, and each of them, if any there were. SECOND AFFIRMATIVE DEFENSE AS AND FOR A SECOND, SEPARATE AND DISTINCT DEFENSE, DEFENDANT ALLEGES: Those plaintiffs, and each of them, were themselves negligent and careless in and about the matters and events set forth in the complaint, and that said negligence contributed to their alleged injuries and/or damages. A verdict of the jury in favor of plaintiffs, and each of them, if any, which may be rendered in this case must therefore be reduced by the percentage that plaintiff's, and each of them, contributed to the accident and injuries complained of, if any there were. THIRD AFFIRMATIVE DEFENSE AS AND FOR A THIRD, SEPARATE AND DISTINCT DEFENSE, DEFENDANT ALLEGES: Plaintiffs, and each of them, their invitees and/or agents were negligent and careless in and about the matters and events set forth in the complaint, that said negligence contributed to the alleged injuries and/or damages, and that said negligence is imputed to plaintiffs, and each of them. The verdict of the jury in favor of plaintiffs, and each of them, if any, which may be rendered in this case must therefore be reduced by the percentage that plaintiffs, and each of them, their invitees and/or agents’ negligence contributed to the accident and injuries complained of, if any there were. FOURTH AFFIRMATIVE DEFENSE AS AND FOR A FOURTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT ALLEGES: The complaint does not state facts sufficient to constitute a cause of action against these answering defendants, individually or collectively. FIFTH AFFIRMATIVE DEFENSE 2- DEFENDANTS’ ANSWER TO SECOND AMENDED COMPLAINT J:\1203\SFO715\Pleading\Answer to second amended complaint-Defendants.docx.docx0 Oo YN DH FF WN RN NY Ye Be Be Be Be Be Be Be eB vn —-§ S$ © ae A DHA BF BN SF SO AS AND FOR A FIFTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT ALLEGES: That each cause of action does not state facts sufficient to constitute a cause of action against these answering defendants, individually or collectively. SIXTH AFFIRMATIVE DEFENSE AS AND FOR A SIXTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT ALLEGES: The events at issue were caused by the sole negligence of third parties. SEVENTH AFFIRMATIVE DEFENSE AS AND FOR A SEVENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT ALLEGES: That the matters alleged in the complaint were caused by the sole negligence of third parties. EIGHTH AFFIRMATIVE DEFENSE AS AND FOR AN EIGHTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT ALLEGES: Plaintiffs, and each of them,’ cause of action is barred by reason of the provisions of California Code of Civil Procedure sections 335.1, 337, 337.1, 338, 339, 340, and 343. NINTH AFFIRMATIVE DEFENSE AS AND FOR A NINTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT ALLEGES: The property in question was improperly used, and that this improper use caused or contributed to the events and injuries, loss and damages complained of, if any there were. TENTH AFFIRMATIVE DEFENSE AS AND FOR A TENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT ALLEGES: The property in question was abused, and that this abuse caused in whole or part the events and injuries, loss and damages complained of, if any there were. ELEVENTH AFFIRMATIVE DEFENSE 3. DEFENDANTS’ ANSWER TO SECOND AMENDED COMPLAINT J:\1203\SF0715\Pleading\Answer to second amended complaint-Defendants.docx.docxoe ND WH FF WN Pe Be eB Be Be Be Be Be Be S 6 e UA ARKH HN FS 22 27 28 AS AND FOR AN ELEVENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT ALLEGES: The property in question herein was not used as and for its intended purpose, thus relieving these defendants from all liability which may arise from such use. TWELFTH AFFIRMATIVE DEFENSE AS AND FOR A TWELFTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT ALLEGES: Defendants deny that it has breached any contract or warranty to plaintiffs, and each of them, or either of them, giving rise to the damages alleged herein, and defendants further allege that any damages incurred herein by the plaintiffs, and each of them, or either of them, is solely and totally due to the acts or omissions of plaintiffs, and each of them, and/or plaintiffs, their agents, or invitees or others, for which this defendant has no responsibility. THIRTEENTH AFFIRMATIVE DEFENSE AS AND FOR A THIRTEENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT ALLEGES: That the plaintiffs, and each of them, failed to give notice of any breach of warranty within a reasonable time after plaintiffs, and each of them, knew, or should have known, of said breach of warranty, said breach of warranty not being herein admitted but being expressly denied. FOURTEENTH AFFIRMATIVE DEFENSE AS AND FOR A FOURTEENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT ALLEGES: Those plaintiffs, and each of them, failed to state a cause of action against these defendants in breach of warranty in that there was no privity between them as to give rise to this cause of action. FIFTEENTH AFFIRMATIVE DEFENSE AS AND FOR A FIFTEENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT ALLEGES: With full knowledge, plaintiffs, and each of them, made an anticipatory breach of the contract alleged in the complaint herein with the full knowledge and intent that the contract would no longer be -4- DEFENDANTS’ ANSWER TO SECOND AMENDED COMPLAINT J\1203\SFO715\Pleading\Answer to second amended complaint-Defendants.docx.docxCoC em ND RH FF WN KB NY NY NY Se BeBe Be Be Be Be Re eS no = Ss © we ADA FB WN KF CS 27 28 valid and/or binding on either party and the terms and conditions would no longer be binding. SIXTEENTH AFFIRMATIVE DEFENSE AS AND FOR A SIXTEENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT ALLEGES: Plaintiffs, and each of them, failed to mitigate their damages. SEVENTEENTH AFFIRMATIVE DEFENSE AS AND FOR A SEVENTEENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT ALLEGES: Plaintiffs, and each of them, were guilty of willful misconduct and wanton and reckless behavior in and about the matters and events set forth in said complaint; and that said willful misconduct and wanton and reckless behavior contributed to the injuries and damages alleged, if any there were. EIGHTEENTH AFFIRMATIVE DEFENSE AS AND FOR AN EIGHTEENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT ALLEGES: Prior to the time when defendants are alleged to have committed the acts complained of, plaintiffs, and each of them, invited, gave permission to, and consented to the acts alleged in the complaint. Each of the acts alleged in the complaint, which acts are expressly denied, was done within the scope of this consent and permission. NINETEENTH AFFIRMATIVE DEFENSE AS AND FOR A NINETEENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT ALLEGES: Should plaintiffs, and each of them, recover non-economic damages against any defendant, the liability for non-economic damages is limited to the degree of fault and several liability of said defendant pursuant to Civil Code section 1431.2 and a separate, several judgment shall be rendered against said defendant based upon said defendant's degree of fault and several liability. TWENTIETH AFFIRMATIVE DEFENSE -5- DEFENDANTS’ ANSWER TO SECOND AMENDED COMPLAINT J.\1203\SFO715\Pleading\Answer to second amended complaint-Defendants.docx.docxAS AND FOR A TWENTIETH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT ALLEGES: As a further, separate, aifirmative defense that defendants are entitled to a set-off of any damages recovered by plaintiffs, and each of them. TWENTY-FIRST AFFIRMATIVE DEFENSE AS AND FOR A TWENTY-FIRST, SEPARATE AND DISTINCT DEFENSE, DEFENDANT ALLEGES: Defendants allege as a new matter that the alleged acts and/or ownership were done in good faith, and that plaintiffs, and each of them, and each of them, failed to cooperate or prevented access so that remedial action. TWENTY-SECOND AFFIRMATIVE DEFENSE AS AND FOR A TWENTY-SECOND, SEPARATE AND DISTINCT DEFENSE, DEFENDANT ALLEGES: Defendants allege as a new matter that it is entitled to the protection of various equitable defenses, including laches. TWENTY-THIRDTHIRD AFFIRMATIVE DEFENSE AS AND FOR A TWENTY-THIRD, SEPARATE AND DISTINCT DEFENSE, DEFENDANT ALLEGES: Defendants allege as a new matter that plaintiffs, and each of them, have improperly joined the defendants in this action, in violation of CCP Section 430.10(d), and, as result, the case should be dismissed against both defendants and properly re-filed. IH Ht I If // i -6- DEFENDANTS’ ANSWER TO SECOND AMENDED COMPLAINT J:\1203\SFO715\Pleading\Answer to second amended complaint-Defendants.docx.docx1 WHEREFORE, defendants pray that plaintiffs, and each of them, take nothing by way of the 2 || complaint on file herein and that defendants have judgment for their costs, and for such other and 3 |j further relief as the court deems proper. Dated: March 31, 2014 LOW, BALL & LYNCH Dp By KURT BRIDGMAN Attorneys for Defendants MERIDIAN MANAGEMENT GROUP and 10 FRONTENAC APARTMENTS, LP -1- DEFENDANTS’ ANSWER TO SECOND AMENDED COMPLAINT J:\1203\SF0715\Pleading\Answer to second amended complaint-Defendants.docx.docx0 Oe ND OH BF WN Yb oN Rw NY NR VY NY Se Be Re BP BP Be Be BR eB Be RBNRRRBBRBSESEDTREAEBHESS PROOF OF SERVICE I am over the age of eighteen (18) years and not a party to the within action. I am employed at Low, Ball & Lynch, 505 Montgomery Street, 7th Floor, San Francisco, California 94111. On the date indicated below, I served the following documents enclosed in a sealed envelope on the listed addresses: DOCUMENT: DEFENDANT MERIDIAN MANAGEMENT GROUP’S AND FRONTENAC’S ANSWER TO SECOND AMENDED COMPLAINT ADDRESSES: SEE ATTACHED SERVICE LIST [xX] (BY MAIL) I placed a true copy, enclosed in a sealed, postage paid envelope, and deposited same for collection and mailing at San Francisco, California, following ordinary business practices, addressed as set forth above. [1 (BY PERSONAL SERVICE) I caused each such envelope to be delivered by hand to the addressees noted above or on the attachment herein by Quake Litigation Support Systems. fl (BY FACSIMILE) | caused the said document to be transmitted by Facsimile transmission to the number indicated after the addresses noted above or on the attachment herein. Tl (BY OVERNIGHT COURIER) I caused each such envelope addressed to the parties to be deposited in a box or other facility regularly maintained by the overnight courier or driver authorized by the overnight courier to receive documents. fl (BY E-MAIL/ELECTRONIC TRANSMISSION) I caused the said document(s) to be sent to the person(s) at the e-mail address(es) indicated above or on the attachment herein. lam readily familiar with this law firm’s practice for the collection and processing of documents for regular and certified mailing, overnight mail, personal service, electronic transmission, and facsimile transaction, and said documents are deposited with the United States Postal Service or overnight courier depository on the same day in the ordinary course of business. I declare under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, California on April 1, 2014. ig in Laura L. Luz " -8- DEFENDANTS’ ANSWER TO SECOND AMENDED COMPLAINT J:\1203\SFO715\Pleading\Answer to second amended complaint-Defendants.docx.docxCon Dn nH FF YW YN NON BoB eR Be Be Be Be Be eB SB & Beaetwtwanaankrk Bune s 27 28 SERVICE LIST Eric L. Lifschitz, Esq. Aaron H. Darsky, Esq. Law Offices of Eric L. Lifschitz 345 Franklin Street San Francisco, CA 94102 Telephone: 415/553-6055 Facsimile: 415/358-5647 Attys. for Nina Zhigadlo. Auroroa King and Justin Allen John H. Podesta Dana Tom Murchison & Cumming Embarcadero Center West 275 Battery Street, Suite 550 San Francisco, CA 94111 Tel: (415) 524-4300 Fax: (415) 391-2058 Attys. For Meridian Management Group Conor Granahan, Esq. Law Offices of Conor Granahan 345 Franklin Street San Francisco, CA 94102 Telephone: 415/830-3325 Facsimile: 415/723-7274 Attys. for Nina Zhigadlo. Auroroa King and Justin Allen Gregory R. De La Pefia Malcolm E. McLorg De La Pefia & Holiday LLP One Embarcadero Center, Suite 2860 San Francisco, CA 94111 General: (415) 268-8000 Direct: (415) 268-8142 Fax: (415) 268-8180 Attys, For Hyde Street Holding Company, LLC -9- DEFENDANTS’ ANSWER TO SECOND AMENDED COMPLAINT J,\1203\SFO715\Pleading\Answer to second amended complaint-Defendants.docx.docx