Answer: T'JADE JACKSON VS. CITY AND C0UNTY OF SAN FRANCISCO et al

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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Oct-02-2012 8:31 am

Case Number: CGC-12-520772
Filing Date: Oct-01-2012 8:31
Filed by: VANESSA WU
Juke Box: 001 Image: 03786902
ANSWER

TJADE JACKSON VS. CITY AND COUNTY OF SAN FRANCISCO et al

00103786902

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Robin Y. Trembath, Esq. (SBN 121118)
LAW OFFICES OF GILSLEIDER, TREMBATH & McMAHON
SALARIED EMPLOYEES OF PROGRESSIVE CASUALTY INSURANCE COMPANY

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(925) 674-3784 Direct Line 34M Francisen County Snerins Aeaiy
(925) 798-5355 Fax OCT 04 2012
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Attorneys for Defendant/Cross-Defendant 8 GLern FIG UU
and Cross-Complainant ROBERT RUBESHAW ¥ oe aA

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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION

T JADE JACKSON Case No.: CGC-12-520772
Plaintiff,
ANSWER TO CROSS-COMPLAINT FOR
vs. APPORTIONMENT OF FAULT,
INDEMNIFICATION AND DECLARATORY
DAVID EBARLE, and DOES 1-50, RELIEF

Defendants. Complaint Filed: May 14, 2012

DAVID EBARLE,
Cross-Complainant,
VS.
ROBERT RUBESHAW, and ROES 1-10,

Cross-Defendants.

COMES NOW Cross-Defendant, ROBERT RUBESHAW, and in answer to the Cross-
Complaint on file herein, admits, denies, and alleges:
GENERAL DENIAL

This answering Cross-Defendant denies each and every, all and singular, generally

ANSWER TO CROSS-COMPLAINT FOR APPORTIONMENT OF FAULT,
INDEMNIFICATION AND DECLARATORY RELIEFone NOD A FF OO NHN =

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and specifically, each of the allegations contained in said Cross-Complaint and in each and
every part thereof, and in each and every alleged cause of action contained therein, and
further denies that Cross-Complainant has been damaged in any of the amounts alleged in
said Cross-Complaint, or in any other amount or amounts, or at all.
AS AND FOR A FIRST, SEPARATE,
AND DISTINCT DEFENSE,
ANSWERING CROSS-DEFENDANT ALLEGES:

Cross-Defendant alleges that Cross-Complainant and others were negligent in and
about the matters referred to in said Cross-Complaint, and that such negligence bars and/or
diminishes Cross-Complaint's recovery against this answering Cross-Defendant.

AS AND FOR A SECOND, SEPARATE,
AND DISTINCT DEFENSE,
ANSWERING CROSS-DEFENDANT ALLEGES:

The alleged damages and loss, if any, of which Cross-Complainant complains, result
from Cross-Complainant's own negligence, or the negligence or representations of persons
whose negligence is imputed to Cross-Complainant. Said negligence contributed to or
caused Plaintiff's injuries and resulting damages. Said negligence is accordingly and either a
bar to any recovery by Cross-Complainant in this action, or proportionately reduces any
recovery.

AS AND FOR A THIRD, SEPARATE,
AND DISTINCT DEFENSE,
ANSWERING CROSS-DEFENDANT ALLEGES:
The Cross-Complaint on file herein fails to state facts sufficient to constitute a cause of

action against this Cross-Defendant. -2-

ANSWER TO CROSS-COMPLAINT FOR APPORTIONMENT OF FAULT,
INDEMNIFICATION AND DECLARATORY RELIEFo on OD HO FB O ND =

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WHEREFORE, this answering Cross-Defendant prays that Cross-Complainant take
nothing by reason of said Cross-Complaint; that this answering Cross-Defendant be awarded
costs of suit herein, an such other and further relief as the Court deems just; that if this
answering Cross-Defendant is found liable, that the degree of responsibility and liability for
the resulting damages be determined, and that this answering Cross-Defendant be held liable

only for the that portion of the total damages in proportion to the liability for the same.

DATED: September ie , 2012 LAW OFFICES OF GILSLEIDER,
TREMBATH & McMAHON

ROBIN Y.
Attorneys, for Defendant/Cross-Defendant and
Cross-Cornplainant ROBERT RUBESHAW

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ANSWER TO CROSS-COMPLAINT FOR APPORTIONMENT OF FAULT,
INDEMNIFICATION AND DECLARATORY RELIEFoo Om NN DO HW F&F BO NM

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PROOF OF SERVICE

STATE OF CALIFORNIA )
) ss:
COUNTY OF CONTRA COSTA )

| am employed in the County of Contra Costa, State of California. | am over the age of 18 and not a
party to the within action; my business address is: 2300 Clayton Road, Suite 430, Concord, CA
94520-2142.

| served the foregoing document described as ANSWER TO CROSS-COMPLAINT FOR
APPORTIONMENT OF FAULT, INDEMNIFICATION AND DECLARATORY RELIEF

on the parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed
as follows:

Sanford M. Cipinko, Esq. @ (415) 693-9905

Law Offices of Sanford M. Cipinko .» FAX(415) 693-9904

55 Francisco Street, Suite 403 ATTORNEY for Plaintiff T’ JADE JACKSON
San Francisco, CA 94133

Steven C. Toschi @ = (510) 835-3400

Jesse D. Kershner zs FAX(510) 835-7800

Toschi, Sidran, Collins & Doyle ATTORNEY for Defendant/Cross-

100 Webster Street, Suite 300 Complainant(Cross-Defendant

Oakland, CA 94607 DAVID EBARLE

David Ammons @ (415) 554-3954

Office of the City Attorney =  FAX(415) 3837

City and County of San Francisco ATTORNEY for CITY AND COUNTY OF SAN
4390 Market Street, 6" Floor FRANCISCO

San Francisco, CA 94102-5408

BY MAIL: 1 am "readily familiar’ with the firm's practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that
same day with postage thereon fully prepaid at Concord, California, in the ordinary course of
business. i am aware that on motion of the party served, service is presumed invalid if postal
cancellation date or postage meter date is more than one day after date of deposit for mailing in
affidavit.

(0 BY PERSONAL SERVICE: | caused such envelope to be delivered by hand to the offices of the
addressee.

(1 +BY FACSIMILE: | caused such document to be faxed to the addressee.

Mi (State) | declare under penalty of perjury under the laws of the State of California that the
above is true and correct. 4.

ANSWER TO CROSS-COMPLAINT FOR APPORTIONMENT OF FAULT,
INDEMNIFICATION AND DECLARATORY RELIEFo em N OPW KH Fk WY NY =

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(0 (Federal) | declare that i am employed in the office of a member of the bar of this court at whose
direction the service was made.

Executed on September_/ 6 , 2012, at Concord, California.

fe

Barbara Rosenbluth

5.

ANSWER TO CROSS-COMPLAINT FOR APPORTIONMENT OF FAULT,
INDEMNIFICATION AND DECLARATORY RELIEF