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EVM
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Oct-02-2012 9:52 am
Case Number: CGC-12-520772
Filing Date: Oct-02-2012 9:51
Filed by: MICHAEL RAYRAY
Juke Box: 001 Image: 03787191
ANSWER
TJADE JACKSON VS. CITY AND COUNTY OF SAN FRANCISCO et al
001003787191
Instructions:
Please place this sheet on top of the document to be scanned.STEVEN C. TOSCHI (SBN 124551)
JESSE D. KERSHNER (SBN 278844)
TOSCHI, SIDRAN, COLLINS & DOYLE
100 Webster Street, Suite 300
Oakland, CA 94607
Tel: (510) 835-3400
Fax: (510) 835-7800
Attomeys for Defendant/Cross-Complainant
DAVID EBARLE
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
TJADE JACKSON, Case No. CGC-12-520772
Plaintiff,
ANSWER TO CROSS-COMPLAINT
VS.
DAVID EBARLE and DOES 1 to 50, BY FAX
Defendants.
ROBERT RUBESHAW,
Cross-Complainant,
vs.
DAVID EBARLE, AND ZOES 1-20,,
Cross-Defendants.
COMES NOW Cross-defendant DAVID EBARLE only, and no others, and in response to
the unverified Cross-Complaint filed by Cross-Complainants ROBERT RUBESHAW on or about
September 18, 2012 (hereinafter referred to as “the Cross-Complaint”), admits, denies and alleges
as follows:eo em YADA HM Bw NY
Ee
Sons AM FF YN |= Sb we A AaARE BAH AS
@ @
Under the provisions of §431.30 of the Code of Civil Procedure of the State of California,
this answering defendant denies generally and specifically, all and singular, each and every
allegation contained in said Cross-Complaint, and the whole thereof, and specifically deny that
plaintiff have been injured or damaged as alleged therein, or in any other sum or sums or
otherwise, or at all.
AS A FIRST AFFIRMATIVE DEFENSE to the Cross-Complaint and each alleged Cause
of Action thereof, this answering Cross-defendant alleges that Cross-Complainants were negligent
in and about the matters referred to in said Cross-Complaint, and that said carelessness and
negligence on Cross-complainants’ own part proximately contributed to the happening of the
accident and injuries, loss and damages complained of, if any there were.
AS A SECOND AFFIRMATIVE DEFENSE to the Cross-Complaint and each alleged
Cause of Action thereof, this answering Cross-defendant alleges that the injuries and damages
complained of by plaintiff and Cross-Complainants, if there was any, was either wholly or in part
directly and proximately caused by the negligence of persons or entities other than this answering
Cross-defendant, and said negligence comparatively reduces the proportion of negligence and
corresponding liability of Cross-defendant DAVID EBARLE.
AS A THIRD AFFIRMATIVE DEFENSE to the Cross-Complaint and each alleged Cause
of Action thereof, this answering Cross-defendant alleges that said Cross-Complaint fails to state
facts sufficient to constitute a cause of action against Cross-defendant DAVID EBARLE, or at all.
AS A FOURTH AFFIRMATIVE DEFENSE to the Cross-Complaint and each alleged
Cause of Action thereof, this answering Cross-defendant alleges that the injuries and damages
complained of, if there were any, were increased by the failure of Cross-Complainants to use
reasonable diligence to mitigate them.@ @
AS A FIFTH AFFIRMATIVE DEFENSE to the Cross-Complaint and each alleged Cause
of Action thereof, this answering Cross-defendant alleges that said unverified Cross-Complaint is
barred by the statute of limitations as set forth in Code of Civil Procedure §335.1.
AS A SIXTH AFFIRMATIVE DEFENSE to the Cross-Complaint and each alleged Cause
of Action thereof, this answering defendant alleges that Cross-Complainants’ recovery is barred by
the provisions of California Civil Code §3333.4 2nd of (2).
WHEREFORE, Cross-defendant DAVID EBARLE prays that Cross-Complainants take
nothing by their Cross-Complaint, and that Cross-defendant has judgment for her costs of suit
incusred herein, and for such other and further relief as the Court may deem just and proper in the
premises.
W\\
Dated: September 24, 2012X | BY MAIL: By placing a true copy thereof enclosed in a sealed envelope with postage thereon
| fully prepaid in the United States mail at Oakland, California, to the person(s) at the address(es)
as set forth below.
BY PERSONAL SERVICE: By having a true copy thereof personally delivered to the
_person(s) at the address(es) as set forth below.
j BY FACSIMILE: By sending a copy from facsimile number (510) 835-7800 to the person(s) at |
the facsimile number(s) as set forth below. i
BY OVERNIGHT DELIVERY: By placing a true copy thereof enclosed in a sealed envelope,
to be delivered by guaranteed overnight delivery with Federal Express, to the person(s) at the
address(es) as set forth below. |
BY ELECTRONIC MAIL (E-MAIL): By electronically mailing an Adode .pdf version from
e-mail address @toschisidran.com via Toschi, Sidran, Collins & Doyle’s electronic
mail system to the person(s) at the e-mail address(es) as set forth below.
ATTORNEYS FOR PLAINTIFF ATTORNEY FOR CITY & COUNTY OF SAN
Sanford M. Cipinko, Esq. FRANCISCO
55 Francisco Suite 403 David Ammons
San Francisco, CA 94133 Deputy City Attorney
(415) 693-9905 Office of the City Attorney
(415) 693-9904 1390 Market Street, 6" Floor |
San Francisco, CA 94102-5408
(415) 554-3954
_ 415) 554-3837
| ATTORNEY FOR DEFENDANT ROBERT
RUBESHAW
Robin Trembath, Esq.
Gilsleider, Trembath & McMahon
| | 2300 Clayton Road, Suite 430 |
Concord, CA 94520-2100
(925) 674-3785
(925) 798-5355
|| true and correct and that this declaration was executed on October 1, 2012 in Oakland, California.
@ @
PROOF OF SERVICE
JACKSON y. EBARLE
San Francisco Superior Court Case No.: CGC-12-520772
I, the undersigned, am employed in the County of Alameda, State of California. | am over the age
of 18 and not a party to the within action; my business address is Toschi, Sidran, Collins & Doyle, 100
Webster Street, Suite 200, Oakland, California 94607.
On October 1, 2012 I served the within:
ANSWER TO CROSS-COMPLAINT
I declare under penalty of perjury under the laws of the State of California that the foregoing is
Tess Andrews
Ae
OUR FILE NO.: PROOF OF SERVICE
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EVM SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Oct-02-2012 9:52 am Case Number: CGC-12-520772 Filing Date: Oct-02-2012 9:51 Filed by: MICHAEL RAYRAY Juke Box: 001 Image: 03787191 ANSWER TJADE JACKSON VS. CITY AND COUNTY OF SAN FRANCISCO et al 001003787191 Instructions: Please place this sheet on top of the document to be scanned.STEVEN C. TOSCHI (SBN 124551) JESSE D. KERSHNER (SBN 278844) TOSCHI, SIDRAN, COLLINS & DOYLE 100 Webster Street, Suite 300 Oakland, CA 94607 Tel: (510) 835-3400 Fax: (510) 835-7800 Attomeys for Defendant/Cross-Complainant DAVID EBARLE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION TJADE JACKSON, Case No. CGC-12-520772 Plaintiff, ANSWER TO CROSS-COMPLAINT VS. DAVID EBARLE and DOES 1 to 50, BY FAX Defendants. ROBERT RUBESHAW, Cross-Complainant, vs. DAVID EBARLE, AND ZOES 1-20,, Cross-Defendants. COMES NOW Cross-defendant DAVID EBARLE only, and no others, and in response to the unverified Cross-Complaint filed by Cross-Complainants ROBERT RUBESHAW on or about September 18, 2012 (hereinafter referred to as “the Cross-Complaint”), admits, denies and alleges as follows:eo em YADA HM Bw NY Ee Sons AM FF YN |= Sb we A AaARE BAH AS @ @ Under the provisions of §431.30 of the Code of Civil Procedure of the State of California, this answering defendant denies generally and specifically, all and singular, each and every allegation contained in said Cross-Complaint, and the whole thereof, and specifically deny that plaintiff have been injured or damaged as alleged therein, or in any other sum or sums or otherwise, or at all. AS A FIRST AFFIRMATIVE DEFENSE to the Cross-Complaint and each alleged Cause of Action thereof, this answering Cross-defendant alleges that Cross-Complainants were negligent in and about the matters referred to in said Cross-Complaint, and that said carelessness and negligence on Cross-complainants’ own part proximately contributed to the happening of the accident and injuries, loss and damages complained of, if any there were. AS A SECOND AFFIRMATIVE DEFENSE to the Cross-Complaint and each alleged Cause of Action thereof, this answering Cross-defendant alleges that the injuries and damages complained of by plaintiff and Cross-Complainants, if there was any, was either wholly or in part directly and proximately caused by the negligence of persons or entities other than this answering Cross-defendant, and said negligence comparatively reduces the proportion of negligence and corresponding liability of Cross-defendant DAVID EBARLE. AS A THIRD AFFIRMATIVE DEFENSE to the Cross-Complaint and each alleged Cause of Action thereof, this answering Cross-defendant alleges that said Cross-Complaint fails to state facts sufficient to constitute a cause of action against Cross-defendant DAVID EBARLE, or at all. AS A FOURTH AFFIRMATIVE DEFENSE to the Cross-Complaint and each alleged Cause of Action thereof, this answering Cross-defendant alleges that the injuries and damages complained of, if there were any, were increased by the failure of Cross-Complainants to use reasonable diligence to mitigate them.@ @ AS A FIFTH AFFIRMATIVE DEFENSE to the Cross-Complaint and each alleged Cause of Action thereof, this answering Cross-defendant alleges that said unverified Cross-Complaint is barred by the statute of limitations as set forth in Code of Civil Procedure §335.1. AS A SIXTH AFFIRMATIVE DEFENSE to the Cross-Complaint and each alleged Cause of Action thereof, this answering defendant alleges that Cross-Complainants’ recovery is barred by the provisions of California Civil Code §3333.4 2nd of (2). WHEREFORE, Cross-defendant DAVID EBARLE prays that Cross-Complainants take nothing by their Cross-Complaint, and that Cross-defendant has judgment for her costs of suit incusred herein, and for such other and further relief as the Court may deem just and proper in the premises. W\\ Dated: September 24, 2012X | BY MAIL: By placing a true copy thereof enclosed in a sealed envelope with postage thereon | fully prepaid in the United States mail at Oakland, California, to the person(s) at the address(es) as set forth below. BY PERSONAL SERVICE: By having a true copy thereof personally delivered to the _person(s) at the address(es) as set forth below. j BY FACSIMILE: By sending a copy from facsimile number (510) 835-7800 to the person(s) at | the facsimile number(s) as set forth below. i BY OVERNIGHT DELIVERY: By placing a true copy thereof enclosed in a sealed envelope, to be delivered by guaranteed overnight delivery with Federal Express, to the person(s) at the address(es) as set forth below. | BY ELECTRONIC MAIL (E-MAIL): By electronically mailing an Adode .pdf version from e-mail address @toschisidran.com via Toschi, Sidran, Collins & Doyle’s electronic mail system to the person(s) at the e-mail address(es) as set forth below. ATTORNEYS FOR PLAINTIFF ATTORNEY FOR CITY & COUNTY OF SAN Sanford M. Cipinko, Esq. FRANCISCO 55 Francisco Suite 403 David Ammons San Francisco, CA 94133 Deputy City Attorney (415) 693-9905 Office of the City Attorney (415) 693-9904 1390 Market Street, 6" Floor | San Francisco, CA 94102-5408 (415) 554-3954 _ 415) 554-3837 | ATTORNEY FOR DEFENDANT ROBERT RUBESHAW Robin Trembath, Esq. Gilsleider, Trembath & McMahon | | 2300 Clayton Road, Suite 430 | Concord, CA 94520-2100 (925) 674-3785 (925) 798-5355 || true and correct and that this declaration was executed on October 1, 2012 in Oakland, California. @ @ PROOF OF SERVICE JACKSON y. EBARLE San Francisco Superior Court Case No.: CGC-12-520772 I, the undersigned, am employed in the County of Alameda, State of California. | am over the age of 18 and not a party to the within action; my business address is Toschi, Sidran, Collins & Doyle, 100 Webster Street, Suite 200, Oakland, California 94607. On October 1, 2012 I served the within: ANSWER TO CROSS-COMPLAINT I declare under penalty of perjury under the laws of the State of California that the foregoing is Tess Andrews Ae OUR FILE NO.: PROOF OF SERVICE