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1 ANGELIKA SINGH, ESQ. (SBN 236301)
TIZA SERRANO THOMPSON & ASSOCIATES
2 Employees of the Law Department
State Farm Mutual Automobile Insurance Company 1/10/2020
3 980 9th Street, Suite 2250
Sacramento, CA 95814
4 Telephone: (916) 561-2780
5 Facsimile: (855) 886-5559
6 Attorneys for Defendant
Robert Fisher
7
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
COUNTY OF BUTTE / UNLIMITED JURISDICTION
9
10
ELMER HIBBARD, JR., NO. 19CV02982
11
Plaintiff, ANSWER TO UNVERIFIED
12 COMPLAINT
v.
13
ROBERT FISHER, DOES 1 TO 10,
14
Defendants.
15
16 Defendant, ROBERT FISHER, in answer to the Unverified Complaint filed by
17 Plaintiff, ELMER HIBBARD, herein admits, denies and alleges as follows:
18 Under the provisions of Section 431.30 of the Code of Civil Procedure of the State
19 of California, this answering defendant denies, generally and specifically, all and
20 singular, each and every allegation contained in the Unverified Complaint of Plaintiff
21 herein, and the whole thereof, and specifically denies that Plaintiff has been injured or
22 damaged as alleged herein, or in any other sum or manner, or otherwise or at all.
23 1. AS A FIRST AFFIRMATIVE DEFENSE to the Complaint and each alleged
24 Cause of Action thereof, this answering defendant alleges that Plaintiff was careless and
25 negligent in and about the matters referred to in said Complaint, and that said
26 carelessness and negligence on Plaintiff's own part proximately contributed to the
27 happening of the incident in question, and to the injuries, loss, and damages complained
28 of, if there were any.
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_______________________________________
Answer to Unverified Complaint
1 2. AS A SECOND AFFIRMATIVE DEFENSE to the Complaint and each
2 alleged Cause of Action thereof, this answering defendant alleges that the injuries and
3 damages complained of by Plaintiff, if there were any, were either wholly or in part
4 directly and proximately caused by the negligence of persons or entities other than this
5 answering defendant, and said negligence comparatively reduces the proportion of
6 negligence and corresponding liability of this answering defendant.
7 3. AS A THIRD AFFIRMATIVE DEFENSE to the Complaint and each alleged
8 Cause of Action thereof, this answering defendant alleges that said Complaint fails to
9 state facts sufficient to constitute a cause of action against this answering defendant or
10 at all.
11 4. AS A FOURTH AFFIRMATIVE DEFENSE to the Complaint and each
12 alleged Cause of Action thereof, this answering defendant alleges that the injuries, loss
13 and damages complained of, if there were any, were increased by the failure of Plaintiff
14 to use reasonable diligence to mitigate them.
15 5. AS A FIFTH AFFIRMATIVE DEFENSE to the Complaint and each alleged
16 Cause of Action thereof, this answering defendant alleges that ifliability is assessed
17 against him, pursuant to Civil Code Section 1431 et seq., this answering defendant shall
18 be liable only for the amount of non-economic damages allocated to him in direct
19 proportion to the percentage of fault assessed against him by the trier of fact and
20 requests that a separate judgment be rendered against him for that amount.
21 6. AS A SIXTH AFFIRMATIVE DEFENSE to the Complaint and each alleged
22 Cause of Action thereof, this answering defendant alleges that the Complaint and each
23 Cause of Action alleged therein is barred by California Code of Civil Procedure §335.1
24 and/or the applicable statute of limitations, including, but not limited to, California Code of
25 Civil Procedure §§337, 337.1, 337.15, 338, 339, 340.3 and 343.
26 7. AS A SEVENTH AFFIRMATIVE DEFENSE to the Complaint and each
27 alleged Cause of Action thereof, this answering defendant alleges that Plaintiff knew, or
28 in the exercise of reasonable care should have known, of the risk and hazards involved
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_______________________________________
Answer to Unverified Complaint
1 in the undertaking in which he engaged, but nevertheless and with full knowledge of
2 these things did fully and voluntarily consent to assume the risk and hazards involved in
3 this undertaking, thereby assuming all risks of any injuries and damages, if any, referred
4 to in the Complaint.
5 8. AS AN EIGHTH AFFIRMATIVE DEFENSE to the Complaint and each
6 alleged Cause of Action, this answering defendant is informed and believes that at all
7 times mentioned herein Plaintiff was in the course and scope of his employment and
8 that Plaintiff's exclusive remedy lies within the workers’ compensation laws; or, in the
9 alternative, the injuries sustained by Plaintiff, if any, were caused or contributed to by the
10 carelessness, negligence or other fault of Plaintiff's employer and/or said employer’s
11 agents, servants or employees and that from any award made to Plaintiff this defendant
12 is entitled to a credit, set-off or reduction in damages in an amount in direct proportion to
13 said employer’s and/or said employer’s agents’, servants’ or employees’ percentage of
14 fault pursuant to the rule of Witt v. Jackson.
15 WHEREFORE, this answering defendant prays that Plaintiff takes nothing by
16 reason of his Complaint, that this answering defendant has judgment for his costs of suit
17 incurred herein, and for such other and further relief as the Court may deem proper.
18
19 Dated: January 9, 2020 TIZA SERRANO THOMPSON & ASSOCIATES
20
21
22 Angelika Singh
Attorneys for Defendant
23 ROBERT FISHER
24 Electronic signature pursuant to Civil Code §1633.7(d).
25
26
27
28
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Answer to Unverified Complaint
1 PROOF OF SERVICE
2 Hibbard v. Fisher
Butte County Superior Court - Chico Case No. 19CV02982
3
I, the undersigned, declare that I am a resident of the United States; employed
4 in the City of Sacramento and County of Sacramento, State of California; over the age
5 of 18 years; not a party to the within entitled cause; and my business address is 980
9th Street, Suite 2250, Sacramento, CA 95814.
6
On January 10, 2020, I served the within document(s),
7
ANSWER TO UNVERIFIED COMPLAINT
8
on the interested parties in this action as follows:
9
Barrick Arnold, Esq.
10 The Law Offices of Max G. Arnold
20 Constitution Drive, Suite A
11 Chico, CA 95973
12
[ ] [By Facsimile Machine (FAX)] By use of facsimile machine telephone number (855) 886-5559, I
13 served a true copy of the aforementioned document(s) on the parties in said action by
transmitting by facsimile machine to the numbers as set forth above on this date before 5:00 p.m.
14
[ x ] [By mail] I am familiar with my employer’s practice for the collection and processing of
15 correspondence for mailing with the United States Postal Service and that each day’s mail is
deposited with the United States Postal Service that same day in the ordinary course of business.
16 On the date set forth above, I served the aforementioned document(s) on the parties in said
action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully
17 prepaid, for collection and mailing on this date, following ordinary business practices, at
Sacramento, California, addressed as set forth above.
18
[ ] [By Personal Service] By personally delivering a true copy thereof to the office of the addressee
19 above.
20 [ ] [By Courier] By causing a true copy and/or original thereof to be personally delivered to the office
of the addressee above via the following courier service: _____________.
21
[ ] [By Express Mail] By depositing copies of the above documents in a box or other facility regularly
22 maintained by United Parcel Service in an envelope or package designated by United Parcel
Service with delivery fees paid or provided.
23
I declare under penalty of perjury under the laws of the State of California that
24 the above is true and correct, and that this declaration was executed on January10,
2020, at Sacramento, California.
25
26
27 Shelley Shelton
28
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_____________________________________
Proof of Service
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1 ANGELIKA SINGH, ESQ. (SBN 236301) TIZA SERRANO THOMPSON & ASSOCIATES 2 Employees of the Law Department State Farm Mutual Automobile Insurance Company 1/10/2020 3 980 9th Street, Suite 2250 Sacramento, CA 95814 4 Telephone: (916) 561-2780 5 Facsimile: (855) 886-5559 6 Attorneys for Defendant Robert Fisher 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF BUTTE / UNLIMITED JURISDICTION 9 10 ELMER HIBBARD, JR., NO. 19CV02982 11 Plaintiff, ANSWER TO UNVERIFIED 12 COMPLAINT v. 13 ROBERT FISHER, DOES 1 TO 10, 14 Defendants. 15 16 Defendant, ROBERT FISHER, in answer to the Unverified Complaint filed by 17 Plaintiff, ELMER HIBBARD, herein admits, denies and alleges as follows: 18 Under the provisions of Section 431.30 of the Code of Civil Procedure of the State 19 of California, this answering defendant denies, generally and specifically, all and 20 singular, each and every allegation contained in the Unverified Complaint of Plaintiff 21 herein, and the whole thereof, and specifically denies that Plaintiff has been injured or 22 damaged as alleged herein, or in any other sum or manner, or otherwise or at all. 23 1. AS A FIRST AFFIRMATIVE DEFENSE to the Complaint and each alleged 24 Cause of Action thereof, this answering defendant alleges that Plaintiff was careless and 25 negligent in and about the matters referred to in said Complaint, and that said 26 carelessness and negligence on Plaintiff's own part proximately contributed to the 27 happening of the incident in question, and to the injuries, loss, and damages complained 28 of, if there were any. -1- _______________________________________ Answer to Unverified Complaint 1 2. AS A SECOND AFFIRMATIVE DEFENSE to the Complaint and each 2 alleged Cause of Action thereof, this answering defendant alleges that the injuries and 3 damages complained of by Plaintiff, if there were any, were either wholly or in part 4 directly and proximately caused by the negligence of persons or entities other than this 5 answering defendant, and said negligence comparatively reduces the proportion of 6 negligence and corresponding liability of this answering defendant. 7 3. AS A THIRD AFFIRMATIVE DEFENSE to the Complaint and each alleged 8 Cause of Action thereof, this answering defendant alleges that said Complaint fails to 9 state facts sufficient to constitute a cause of action against this answering defendant or 10 at all. 11 4. AS A FOURTH AFFIRMATIVE DEFENSE to the Complaint and each 12 alleged Cause of Action thereof, this answering defendant alleges that the injuries, loss 13 and damages complained of, if there were any, were increased by the failure of Plaintiff 14 to use reasonable diligence to mitigate them. 15 5. AS A FIFTH AFFIRMATIVE DEFENSE to the Complaint and each alleged 16 Cause of Action thereof, this answering defendant alleges that ifliability is assessed 17 against him, pursuant to Civil Code Section 1431 et seq., this answering defendant shall 18 be liable only for the amount of non-economic damages allocated to him in direct 19 proportion to the percentage of fault assessed against him by the trier of fact and 20 requests that a separate judgment be rendered against him for that amount. 21 6. AS A SIXTH AFFIRMATIVE DEFENSE to the Complaint and each alleged 22 Cause of Action thereof, this answering defendant alleges that the Complaint and each 23 Cause of Action alleged therein is barred by California Code of Civil Procedure §335.1 24 and/or the applicable statute of limitations, including, but not limited to, California Code of 25 Civil Procedure §§337, 337.1, 337.15, 338, 339, 340.3 and 343. 26 7. AS A SEVENTH AFFIRMATIVE DEFENSE to the Complaint and each 27 alleged Cause of Action thereof, this answering defendant alleges that Plaintiff knew, or 28 in the exercise of reasonable care should have known, of the risk and hazards involved -2- _______________________________________ Answer to Unverified Complaint 1 in the undertaking in which he engaged, but nevertheless and with full knowledge of 2 these things did fully and voluntarily consent to assume the risk and hazards involved in 3 this undertaking, thereby assuming all risks of any injuries and damages, if any, referred 4 to in the Complaint. 5 8. AS AN EIGHTH AFFIRMATIVE DEFENSE to the Complaint and each 6 alleged Cause of Action, this answering defendant is informed and believes that at all 7 times mentioned herein Plaintiff was in the course and scope of his employment and 8 that Plaintiff's exclusive remedy lies within the workers’ compensation laws; or, in the 9 alternative, the injuries sustained by Plaintiff, if any, were caused or contributed to by the 10 carelessness, negligence or other fault of Plaintiff's employer and/or said employer’s 11 agents, servants or employees and that from any award made to Plaintiff this defendant 12 is entitled to a credit, set-off or reduction in damages in an amount in direct proportion to 13 said employer’s and/or said employer’s agents’, servants’ or employees’ percentage of 14 fault pursuant to the rule of Witt v. Jackson. 15 WHEREFORE, this answering defendant prays that Plaintiff takes nothing by 16 reason of his Complaint, that this answering defendant has judgment for his costs of suit 17 incurred herein, and for such other and further relief as the Court may deem proper. 18 19 Dated: January 9, 2020 TIZA SERRANO THOMPSON & ASSOCIATES 20 21 22 Angelika Singh Attorneys for Defendant 23 ROBERT FISHER 24 Electronic signature pursuant to Civil Code §1633.7(d). 25 26 27 28 -3- _______________________________________ Answer to Unverified Complaint 1 PROOF OF SERVICE 2 Hibbard v. Fisher Butte County Superior Court - Chico Case No. 19CV02982 3 I, the undersigned, declare that I am a resident of the United States; employed 4 in the City of Sacramento and County of Sacramento, State of California; over the age 5 of 18 years; not a party to the within entitled cause; and my business address is 980 9th Street, Suite 2250, Sacramento, CA 95814. 6 On January 10, 2020, I served the within document(s), 7 ANSWER TO UNVERIFIED COMPLAINT 8 on the interested parties in this action as follows: 9 Barrick Arnold, Esq. 10 The Law Offices of Max G. Arnold 20 Constitution Drive, Suite A 11 Chico, CA 95973 12 [ ] [By Facsimile Machine (FAX)] By use of facsimile machine telephone number (855) 886-5559, I 13 served a true copy of the aforementioned document(s) on the parties in said action by transmitting by facsimile machine to the numbers as set forth above on this date before 5:00 p.m. 14 [ x ] [By mail] I am familiar with my employer’s practice for the collection and processing of 15 correspondence for mailing with the United States Postal Service and that each day’s mail is deposited with the United States Postal Service that same day in the ordinary course of business. 16 On the date set forth above, I served the aforementioned document(s) on the parties in said action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully 17 prepaid, for collection and mailing on this date, following ordinary business practices, at Sacramento, California, addressed as set forth above. 18 [ ] [By Personal Service] By personally delivering a true copy thereof to the office of the addressee 19 above. 20 [ ] [By Courier] By causing a true copy and/or original thereof to be personally delivered to the office of the addressee above via the following courier service: _____________. 21 [ ] [By Express Mail] By depositing copies of the above documents in a box or other facility regularly 22 maintained by United Parcel Service in an envelope or package designated by United Parcel Service with delivery fees paid or provided. 23 I declare under penalty of perjury under the laws of the State of California that 24 the above is true and correct, and that this declaration was executed on January10, 2020, at Sacramento, California. 25 26 27 Shelley Shelton 28 -1- _____________________________________ Proof of Service