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San Francisco Superior Courts
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Document Scanning Lead Sheet
. Jul-07-2008 3:18 pm
Case Number: CGC-08-473112
Filing Date: Jul-07-2008 3:17
Juke Box: 001 Image: 02175650
ANSWER
SHARON LOMBA VS. BANK OF AMERICA et al
001002175650
Instructions:
Please place this sheet on top of the document to be scanned. .JuLso7-2008 12147 Cc C
P.O2rts
ROBERT G. CROW, ESQ. (60892)
BOORNAZIAN, JENSEN & GARTHE FILED
A Professional Corporation Superior Court of Galiforis
555 12" Street, Suite 1800 County of San Franciseo
P.O. Box 12925
Oakland. CA 94604-2925 JUL 72008
Telephone: (510) 834-4350 GORDON PARK, Clerk
Facsimile: (510) 839-1897 BY:
Deputy Clerk
Attomeys for Defendant
CINTAS CORPORATION
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
SHARON LOMBA, Case No.: CGC-08-473112
Plaintiff, DEFENDANT CINTAS
CORPORATION’S ANSWER TO
vs. PLAINTIFF'S COMPLAINT
BANK OF AMERICA, CINTAS
CORPORATION, DOES 1-100,
—____—__Defendants. __._____)
COMES NOW defendant CINTAS CORPORATION, and for its answer to the unverified
Ne ae et Nt Nel et
Complaint Filed: 3/7/08
complaint of plaintiff SHARON LOMBA on file hercin, admits, denics and alleges as follows:
Under the provisions of §431.30(d) of the California Code of Civil Procedure, this
answering defendant denies each and every, all and singular, generally and specifically, the
allegations contained in said complaint and further denies that plaintiff has been damaged in any
sum or sums, or at all, by reason of any act or omission on the part of this answering defendant.
. AS A FIRST, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE
UNVERIFIED COMPLAINT ON FILE HEREIN, AND TO EACH CAUSE OF ACTION
THEREOF, this answering defendant is informed and believes and thereon alleges that plaintiff
was comparatively at fault in the manner and style as set forth in the case of Liv. Yellow Cab Co.
(1975) 13 Cal.3d 804, and defendant prays that any and all damages sustained by said plaintiff be
reduced by the percentage of her negligence.
AS A SECOND, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE
ol
DEFENDANT CINTAS CORPORATION'S ANSWEK TO PLALNTIFF'S COMPLAINT_ Bapor-2ogs 1ee7 € € P.03/04
UNVERIFIED COMPLAINT ON FILE HEREIN, AND TO EACH CAUSE OF ACTION
THEREOF, this answering defendant is informed and believes and thereon alleges that the
damages complained of, if any there were, were proximately contributed to or caused by the
carelessness, negligence, fault or defects created by the remaining parties in this action, or by other
persons, corporations or business entities unknown to this answering defendant at this time, and
were not caused in any way by this answering defendant, or by persons for whom this answering
defendant is legally liable.
Should this answering defendant be found liable to plaintiff, which lability is expressly
denied, said defendant is entitled to have this award against it abated, reduced or eliminated to the
extent that the negligence, carelessness, fault or defects created by the remaining parties in this
action, or by said other persons, corporations or business entities, contributed to plaintiff's
damages, if any.
AS A THIRD, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE
UNVERIFIED COMPLAINT ON FILE HEREIN, AND TO EACH CAUSE OF ACTION
THEREOF, this answering defendant is informed and believes and thereon alleges that plaintiff
failed to mitigate her alleged damages as required by law. .
WHEREFORE, this answering defendant prays as follows:
I. That plaintiff take nothing by her complaint and that this answering defendant be
dismissed hence;
2. For costs of suit incurred herein; and
3. For such other and further relief as the Court deems fit and proper.
DATED: July 7, 2008
BOORNAZIAN, JENSEN & GARTHE
A Professional Corporation
By: :
ROBERT G. CROW, ESQ.
Attorneys for Defendant
CINTAS CORPORATION
=2.
DEFENDANT CINTAS CORPORATION'S ANSWER TO PLALNTIFE'S COMPLAINT. JUL~07-2008 12:48 € € P.04/84
1 PROOF OF SERVICE BY MAIL
(C.C.P. SECTIONS 1013(a) -2015.5)
I am employed in the County of Alameda, State of California. 1 am over the age of J8 |
years and not a party to the within action. My business address is 555 12th Sweet, Suite 1800, P. |
QO. Box 12925, Oakland, California 94604-2925.
3
4
5
6 1 am readily familiar with the business practice for collection’ and processing of
7)| correspondence for mailing with the United States Postal Service. On the date indicated below, at
81) the above-referenced business location, I sealed envelopes, enclosing a copy of the DEFENDANT
° CINTAS CORPORATION'S ANSWER TO PLAINTIFF’S COMPLAINT, addressed as
shown below, and placed them for collection and mailing following ordinary business practices to
2 be deposited with the United States Postal Service on the date indicated below:
Attomey for Plaintiff Attorney for Defendant
14|| SHARON LOMBA BANK OF AMERICA
Michael R. Solomon, Esq. Franklin D. Thomas, Esq.
15|| Y.iuzzi, Murphy & Solomon, LLP Hines & Thomas
101 Montgomery Street, 27 Floor 235 Montgomery St., Ste 835
16|| San Francisco, CA 94104 Russ Building
Tel: 415-543-5050 San Francisco, Ca 94104
17|} Fax: 415-543-3550 Tel: 415-981-2623
Fax: 415-981-4904
18
19
20 { declare under penalty of perjury under the laws of the State of California that the
21 || foregoing is true and correct.
22 Executed at Oakland, California, on July 7, 2008.
PERRI
3.
|
DEFENDANT CINTAS CORPORA LION'S ANSWER TO PLAINTIVES COMPLAINT
a ERARRAAA vl SMGAAAA bm ina mn
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IOV San Francisco Superior Courts Information Technology Group Document Scanning Lead Sheet . Jul-07-2008 3:18 pm Case Number: CGC-08-473112 Filing Date: Jul-07-2008 3:17 Juke Box: 001 Image: 02175650 ANSWER SHARON LOMBA VS. BANK OF AMERICA et al 001002175650 Instructions: Please place this sheet on top of the document to be scanned. .JuLso7-2008 12147 Cc C P.O2rts ROBERT G. CROW, ESQ. (60892) BOORNAZIAN, JENSEN & GARTHE FILED A Professional Corporation Superior Court of Galiforis 555 12" Street, Suite 1800 County of San Franciseo P.O. Box 12925 Oakland. CA 94604-2925 JUL 72008 Telephone: (510) 834-4350 GORDON PARK, Clerk Facsimile: (510) 839-1897 BY: Deputy Clerk Attomeys for Defendant CINTAS CORPORATION SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO SHARON LOMBA, Case No.: CGC-08-473112 Plaintiff, DEFENDANT CINTAS CORPORATION’S ANSWER TO vs. PLAINTIFF'S COMPLAINT BANK OF AMERICA, CINTAS CORPORATION, DOES 1-100, —____—__Defendants. __._____) COMES NOW defendant CINTAS CORPORATION, and for its answer to the unverified Ne ae et Nt Nel et Complaint Filed: 3/7/08 complaint of plaintiff SHARON LOMBA on file hercin, admits, denics and alleges as follows: Under the provisions of §431.30(d) of the California Code of Civil Procedure, this answering defendant denies each and every, all and singular, generally and specifically, the allegations contained in said complaint and further denies that plaintiff has been damaged in any sum or sums, or at all, by reason of any act or omission on the part of this answering defendant. . AS A FIRST, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE UNVERIFIED COMPLAINT ON FILE HEREIN, AND TO EACH CAUSE OF ACTION THEREOF, this answering defendant is informed and believes and thereon alleges that plaintiff was comparatively at fault in the manner and style as set forth in the case of Liv. Yellow Cab Co. (1975) 13 Cal.3d 804, and defendant prays that any and all damages sustained by said plaintiff be reduced by the percentage of her negligence. AS A SECOND, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE ol DEFENDANT CINTAS CORPORATION'S ANSWEK TO PLALNTIFF'S COMPLAINT_ Bapor-2ogs 1ee7 € € P.03/04 UNVERIFIED COMPLAINT ON FILE HEREIN, AND TO EACH CAUSE OF ACTION THEREOF, this answering defendant is informed and believes and thereon alleges that the damages complained of, if any there were, were proximately contributed to or caused by the carelessness, negligence, fault or defects created by the remaining parties in this action, or by other persons, corporations or business entities unknown to this answering defendant at this time, and were not caused in any way by this answering defendant, or by persons for whom this answering defendant is legally liable. Should this answering defendant be found liable to plaintiff, which lability is expressly denied, said defendant is entitled to have this award against it abated, reduced or eliminated to the extent that the negligence, carelessness, fault or defects created by the remaining parties in this action, or by said other persons, corporations or business entities, contributed to plaintiff's damages, if any. AS A THIRD, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE UNVERIFIED COMPLAINT ON FILE HEREIN, AND TO EACH CAUSE OF ACTION THEREOF, this answering defendant is informed and believes and thereon alleges that plaintiff failed to mitigate her alleged damages as required by law. . WHEREFORE, this answering defendant prays as follows: I. That plaintiff take nothing by her complaint and that this answering defendant be dismissed hence; 2. For costs of suit incurred herein; and 3. For such other and further relief as the Court deems fit and proper. DATED: July 7, 2008 BOORNAZIAN, JENSEN & GARTHE A Professional Corporation By: : ROBERT G. CROW, ESQ. Attorneys for Defendant CINTAS CORPORATION =2. DEFENDANT CINTAS CORPORATION'S ANSWER TO PLALNTIFE'S COMPLAINT. JUL~07-2008 12:48 € € P.04/84 1 PROOF OF SERVICE BY MAIL (C.C.P. SECTIONS 1013(a) -2015.5) I am employed in the County of Alameda, State of California. 1 am over the age of J8 | years and not a party to the within action. My business address is 555 12th Sweet, Suite 1800, P. | QO. Box 12925, Oakland, California 94604-2925. 3 4 5 6 1 am readily familiar with the business practice for collection’ and processing of 7)| correspondence for mailing with the United States Postal Service. On the date indicated below, at 81) the above-referenced business location, I sealed envelopes, enclosing a copy of the DEFENDANT ° CINTAS CORPORATION'S ANSWER TO PLAINTIFF’S COMPLAINT, addressed as shown below, and placed them for collection and mailing following ordinary business practices to 2 be deposited with the United States Postal Service on the date indicated below: Attomey for Plaintiff Attorney for Defendant 14|| SHARON LOMBA BANK OF AMERICA Michael R. Solomon, Esq. Franklin D. Thomas, Esq. 15|| Y.iuzzi, Murphy & Solomon, LLP Hines & Thomas 101 Montgomery Street, 27 Floor 235 Montgomery St., Ste 835 16|| San Francisco, CA 94104 Russ Building Tel: 415-543-5050 San Francisco, Ca 94104 17|} Fax: 415-543-3550 Tel: 415-981-2623 Fax: 415-981-4904 18 19 20 { declare under penalty of perjury under the laws of the State of California that the 21 || foregoing is true and correct. 22 Executed at Oakland, California, on July 7, 2008. PERRI 3. | DEFENDANT CINTAS CORPORA LION'S ANSWER TO PLAINTIVES COMPLAINT a ERARRAAA vl SMGAAAA bm ina mn