Preview
ICT
San Francisco Superior Courts
{nformation Technology Group
Document Scanning Lead Sheet
Jut-18-2007 9:37 am
Case Number: CGC-07-461020
Filing Date: Jul-18-2007 9:35
Juke Box: 001 Image: 01827299
ANSWER
CHASE BANK USA, N.A., A CORPORATION VS. SAL M HASSANEIN et al
001001827299
Instructions:
Please place this sheet on top of the document to be scanned.1
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STEVEN H. BOVARNICK, ESQ. (SBN 99361)
HUNTER AND BOVARNICK 4
Attomeys at Law SanFr Fanoisen Grin mero Cour (Y
345 Grove Street JU
een haa conpon ean
elephone: -8700 Di |
Facsimile: (415) 621-0581 7" ON FARK. LI, Clerk
. . Denti Mare
Attorneys for SAL M. HASSANEIN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
LIMITED CIVIL CASE
CHASE BANK USA, N.A., etc.,
. Plaintiff,
CASE NO. CGC-07-461020
SAL _M. HASSANEIN'S ANSWER TO
COMPLAINT FOR MONEY
[Amount Demanded: Less than $10,000]
-Vs.-
SAL M. HASSANEN, et al.,
Defendants.
ew
Comes now SAL M, HASSANEIN ("HASSANEIN"), in answer to the complaint by CHASE
BANK USA, N.A. ("CHASE") for money on file herein, and to each and every cause of action thereof,
by virtue of provisions of California Code of Civil Procedure §431.30, generally denies each and every
allegation of the complaint, and further denies that CHASE is entitled to relief or damage from
HASSANEIN in any sum, whatsoever.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
TO ALL CAUSES OF ACTION
That the Complaint, each of its causes of action, fails to allege facts sufficient to constitute a
cause of action upon which relief may be granted against HASSANEIN.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
TO ALL CAUSES OF ACTION
ANSWER TO COMPLAINT 1That CHASE is barred from recovery or relief against HASSANEIN as a result of the doctrine
of waiver,
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
TO ALL CAUSES OF ACTION
That CHASE is barred from recovery or relief against HASSANEIN as a result of the doctrine
of estoppel.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
TO ALL CAUSES OF ACTION
That CHASE is barred from recovery or relief against HASSANEIN as a result of the doctrine
Oo oO NI DN HW BR Ww FD
S
of unclean hands.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
TO ALL CAUSES OF ACTION
That CHASE is barred from recovery or relief against HASSANEIN as a result of the doctrine
of laches,
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
AS TO ALL CAUSES OF ACTION
That CHASE is barred from recovery or relief against HASSANEIN by reason of the doctrine
eae ea a
NA UW BR WN =
of last clear chance.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
TO ALL CAUSES OF ACTION
That CHASE is barred from recovery or relief against HASSANEIN as a result of its own
Rom
So Oo &
conduct and that of its assignor.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
TO ALL CAUSES OF ACTION
That at all times mentioned HASSANEIN acted in good faith and with reasonable and probable
NN NN
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cause for its actions and in justifiable reliance on the words, conduct and advice of others, including
WA
CHASE and its assignor.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
TO ALL CAUSES OF ACTION
Ny N
SOD
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oo
ANSWER TO COMPLAINT 2That CHASE failed to exercise reasonable and ordinary care in regard to the transactions alleged
by the Complaint, and thus the damage, injury or loss sustained by CHASE, if any, was proximately
caused or contributed to by the negligence of CHASE and any award or judgment should reflect the
comparative fault of CHASE, and reduce any and all recovery by CHASE against HASSANEIN for
damages, injury or loss, if any was sustained.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
TO ALL CAUSES OF ACTION
That the damages, injury or loss sustained by CHASE, if, any, were either wholly or in part the
fault of others, whether named as a party to the Complaint or not, whether that fault be the proximate
o OA IN DAH RB Ww
result of negligence, strict liability, breach of warranty, breach of contract, breach of fiduciary duty, or
3
any other type of fault caused by persons, firms, corporations or entities other than HASSANEN, whose
~
=
conduct HASSANEIN is not responsible for, and any award or judgment should reflect the comparative
fault of said third parties, and reduce any and all recovery by CHASE against HASSANEIN for
—
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damages, injury or loss, if any was sustained,
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE.
“
15} TO ALL CAUSES OF ACTION
16 That CHASE and its agents, and each of them, failed to exercise reasonable and ordinary care,
17]| caution or prudence for his own protection in order to avoid the damages, injuries or loss al leged in the
18 Complaint. The resulting damages, injuries or loss sustained by CHASE, if any, were directly and
19} proximately caused and/or contributed to by the negligence of CHASE and its agents.
20]/ AS AND FOR A TWELTH AFFIRMATIVE DEFENSE
TO ALL CAUSES OF ACTION
. That the damages, injuries and losses alleged by CHASE, if any, were sustained as a result of
supervening and/or intervening acts of third parties, and not of HASSANEIN thereby precluding
recovery thereof from HASSANEIN. ,
4 AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
25 | TO ALL CAUSES OF ACTION
26 That CHASE assumed the risk of incurring the damages, injuries or loss he alleges in the
27 |) Complaint to have sustained, with full appreciation and knowledge of the particular risks and hazards
28
ANSWER TO COMPLAINT 3~
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i
12
1B
14
15
16
17
18
19
20
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23
24
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26
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involved.
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
TO ALL CAUSES OF ACTION
That CHASE failed to take sufficient measures to mitigate the damages alleged.
AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
AS TO ALL CAUSES OF ACTION
That CHASE ratified, approved and otherwise consented to the acts and conduct alleged in the
Complaint, thereby precluding recovery of the damages, injuries or losses alleged, if any, from
HASSANEIN.
AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
AS TO ALL CAUSES OF ACTION
That CHASE has undertaken certain acts and exhibited certain conduct evidencing a waiver of
the claims upon which the Complaint is premised, thereby precluding recovery of the damages, injuries
or losses alleged, if any, from HASSANEIN.
WHEREFORE, HASSANEIN PRAYS JUDGMENT AS FOLLOWS:
1, That CHASE take nothing by way of its Complaint against HASSANEIN;
2. For costs of suit and reasonable attorneys fees incurred herein; and
3. For such other and further relief as this court deems proper.
DATED: July 18, 2007
ations for HASSANEIN
ANSWER TO COMPLAINT 4Co PNY HW bh ww Bw
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Se y~ranvr Fone scoeaniri Aaak
—————
PROOF OF SERVICE
I declare that I am employed in the County of San Francisco, State of California, Lam over the
age of eighteen years and not a party to the within cause; my business address is 345 Grove Street, San
Francisco, California 94102. On the date reflected below, I served the following: SAL M.
HASSANEIN’S ANSWER TO COMPLAINT FOR MONEY
(xX) VIA MAIL -- CCP §1013(a): 2015.5: .
By placing a true copy thereof enclosed ina sealed envelope(s), addressed as below, and placing
each for collection and mailing on that date following ordinary business practices. Iam readily
familiar with my firm's business practice for collection and processing of correspondence for
mailing with the United States Postal Service and correspondence placed for collection and
mailing would be deposited with the United States Postal Service at San Francisco, California,
with postage thereon fully prepaid, that same day in the ordinary course of business,
(). MIA OVERNIGHT MAIL/COURIER -- CCP §1013(c): 2015.5:
By placing a true copy thereof enclosed ina sealed envelope(s), addressed as below, and placing
each for collection by overnight mail service or overnight courier service. I am readily familiar
with my firm's business practice for collection and processing of correspondence for overnight
mail or overnight courier service, and any correspondence placed for collection for overnight
delivery would, in the ordinary course of ‘business, be delivered to an authorized courier or driver
authorized by the overnight mail carrier to receive documents, with delivery fees paid or
provided for, that same day, for delivery on the following business day.
() VIA FACSIMILE -- C 13(e); 2015.5: CRC 2008:
By arranging for facsimile transmission from facsimile number (415) 621-0581 to the below-
listed facsimile number(s), I am readily familiar with my firm's business practice for collection
and processing of correspondence via facsimile transmission(s) and any such correspondence
would be transmitted in the ordinary course of business. The facsimile transmission(s) was
Teported as complete and without error, and a copy of the transmission report has been
maintained.
() MIA HAND DELIVERY -- CCP 81011: 015.5:
By placing a true copy thereof enclosed ina sealed envelope(s), addressed as below, and causing
each envelope(s) to be hand-served on that day, in the ordinary course of my firm's business
practice.
Shedrick O. Davis, II
JP MORGAN CHASE LEGAL DEPARTMENT
300 S. Grand Avenue, 4" Floor
Los Angeles, CA 90071 Ss
iy
I declare under penalty of perjury that the foregoing is true ay SA 3
was executed on July 18, 2007 at San Francisco, California. yo >
1 Lo7N
STEVEN H/BOVARNIC
at this declaration
Preview
ICT San Francisco Superior Courts {nformation Technology Group Document Scanning Lead Sheet Jut-18-2007 9:37 am Case Number: CGC-07-461020 Filing Date: Jul-18-2007 9:35 Juke Box: 001 Image: 01827299 ANSWER CHASE BANK USA, N.A., A CORPORATION VS. SAL M HASSANEIN et al 001001827299 Instructions: Please place this sheet on top of the document to be scanned.1 wo Pe NY DH WH FF WY WN © Fg STEVEN H. BOVARNICK, ESQ. (SBN 99361) HUNTER AND BOVARNICK 4 Attomeys at Law SanFr Fanoisen Grin mero Cour (Y 345 Grove Street JU een haa conpon ean elephone: -8700 Di | Facsimile: (415) 621-0581 7" ON FARK. LI, Clerk . . Denti Mare Attorneys for SAL M. HASSANEIN SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO LIMITED CIVIL CASE CHASE BANK USA, N.A., etc., . Plaintiff, CASE NO. CGC-07-461020 SAL _M. HASSANEIN'S ANSWER TO COMPLAINT FOR MONEY [Amount Demanded: Less than $10,000] -Vs.- SAL M. HASSANEN, et al., Defendants. ew Comes now SAL M, HASSANEIN ("HASSANEIN"), in answer to the complaint by CHASE BANK USA, N.A. ("CHASE") for money on file herein, and to each and every cause of action thereof, by virtue of provisions of California Code of Civil Procedure §431.30, generally denies each and every allegation of the complaint, and further denies that CHASE is entitled to relief or damage from HASSANEIN in any sum, whatsoever. AS AND FOR A FIRST AFFIRMATIVE DEFENSE TO ALL CAUSES OF ACTION That the Complaint, each of its causes of action, fails to allege facts sufficient to constitute a cause of action upon which relief may be granted against HASSANEIN. AS AND FOR A SECOND AFFIRMATIVE DEFENSE TO ALL CAUSES OF ACTION ANSWER TO COMPLAINT 1That CHASE is barred from recovery or relief against HASSANEIN as a result of the doctrine of waiver, AS AND FOR A THIRD AFFIRMATIVE DEFENSE TO ALL CAUSES OF ACTION That CHASE is barred from recovery or relief against HASSANEIN as a result of the doctrine of estoppel. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE TO ALL CAUSES OF ACTION That CHASE is barred from recovery or relief against HASSANEIN as a result of the doctrine Oo oO NI DN HW BR Ww FD S of unclean hands. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE TO ALL CAUSES OF ACTION That CHASE is barred from recovery or relief against HASSANEIN as a result of the doctrine of laches, AS AND FOR A SIXTH AFFIRMATIVE DEFENSE AS TO ALL CAUSES OF ACTION That CHASE is barred from recovery or relief against HASSANEIN by reason of the doctrine eae ea a NA UW BR WN = of last clear chance. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE TO ALL CAUSES OF ACTION That CHASE is barred from recovery or relief against HASSANEIN as a result of its own Rom So Oo & conduct and that of its assignor. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE TO ALL CAUSES OF ACTION That at all times mentioned HASSANEIN acted in good faith and with reasonable and probable NN NN - WN | cause for its actions and in justifiable reliance on the words, conduct and advice of others, including WA CHASE and its assignor. AS AND FOR A NINTH AFFIRMATIVE DEFENSE TO ALL CAUSES OF ACTION Ny N SOD yo oo ANSWER TO COMPLAINT 2That CHASE failed to exercise reasonable and ordinary care in regard to the transactions alleged by the Complaint, and thus the damage, injury or loss sustained by CHASE, if any, was proximately caused or contributed to by the negligence of CHASE and any award or judgment should reflect the comparative fault of CHASE, and reduce any and all recovery by CHASE against HASSANEIN for damages, injury or loss, if any was sustained. AS AND FOR A TENTH AFFIRMATIVE DEFENSE TO ALL CAUSES OF ACTION That the damages, injury or loss sustained by CHASE, if, any, were either wholly or in part the fault of others, whether named as a party to the Complaint or not, whether that fault be the proximate o OA IN DAH RB Ww result of negligence, strict liability, breach of warranty, breach of contract, breach of fiduciary duty, or 3 any other type of fault caused by persons, firms, corporations or entities other than HASSANEN, whose ~ = conduct HASSANEIN is not responsible for, and any award or judgment should reflect the comparative fault of said third parties, and reduce any and all recovery by CHASE against HASSANEIN for — wioN damages, injury or loss, if any was sustained, AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE. “ 15} TO ALL CAUSES OF ACTION 16 That CHASE and its agents, and each of them, failed to exercise reasonable and ordinary care, 17]| caution or prudence for his own protection in order to avoid the damages, injuries or loss al leged in the 18 Complaint. The resulting damages, injuries or loss sustained by CHASE, if any, were directly and 19} proximately caused and/or contributed to by the negligence of CHASE and its agents. 20]/ AS AND FOR A TWELTH AFFIRMATIVE DEFENSE TO ALL CAUSES OF ACTION . That the damages, injuries and losses alleged by CHASE, if any, were sustained as a result of supervening and/or intervening acts of third parties, and not of HASSANEIN thereby precluding recovery thereof from HASSANEIN. , 4 AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE 25 | TO ALL CAUSES OF ACTION 26 That CHASE assumed the risk of incurring the damages, injuries or loss he alleges in the 27 |) Complaint to have sustained, with full appreciation and knowledge of the particular risks and hazards 28 ANSWER TO COMPLAINT 3~ eo OPIN DAW Bw Bw i 12 1B 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 involved. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE TO ALL CAUSES OF ACTION That CHASE failed to take sufficient measures to mitigate the damages alleged. AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE AS TO ALL CAUSES OF ACTION That CHASE ratified, approved and otherwise consented to the acts and conduct alleged in the Complaint, thereby precluding recovery of the damages, injuries or losses alleged, if any, from HASSANEIN. AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE AS TO ALL CAUSES OF ACTION That CHASE has undertaken certain acts and exhibited certain conduct evidencing a waiver of the claims upon which the Complaint is premised, thereby precluding recovery of the damages, injuries or losses alleged, if any, from HASSANEIN. WHEREFORE, HASSANEIN PRAYS JUDGMENT AS FOLLOWS: 1, That CHASE take nothing by way of its Complaint against HASSANEIN; 2. For costs of suit and reasonable attorneys fees incurred herein; and 3. For such other and further relief as this court deems proper. DATED: July 18, 2007 ations for HASSANEIN ANSWER TO COMPLAINT 4Co PNY HW bh ww Bw ee we NH = oS SS BP NY NY Ye NRHN NN ]& ew ow me Ee Se y~ranvr Fone scoeaniri Aaak ————— PROOF OF SERVICE I declare that I am employed in the County of San Francisco, State of California, Lam over the age of eighteen years and not a party to the within cause; my business address is 345 Grove Street, San Francisco, California 94102. On the date reflected below, I served the following: SAL M. HASSANEIN’S ANSWER TO COMPLAINT FOR MONEY (xX) VIA MAIL -- CCP §1013(a): 2015.5: . By placing a true copy thereof enclosed ina sealed envelope(s), addressed as below, and placing each for collection and mailing on that date following ordinary business practices. Iam readily familiar with my firm's business practice for collection and processing of correspondence for mailing with the United States Postal Service and correspondence placed for collection and mailing would be deposited with the United States Postal Service at San Francisco, California, with postage thereon fully prepaid, that same day in the ordinary course of business, (). MIA OVERNIGHT MAIL/COURIER -- CCP §1013(c): 2015.5: By placing a true copy thereof enclosed ina sealed envelope(s), addressed as below, and placing each for collection by overnight mail service or overnight courier service. I am readily familiar with my firm's business practice for collection and processing of correspondence for overnight mail or overnight courier service, and any correspondence placed for collection for overnight delivery would, in the ordinary course of ‘business, be delivered to an authorized courier or driver authorized by the overnight mail carrier to receive documents, with delivery fees paid or provided for, that same day, for delivery on the following business day. () VIA FACSIMILE -- C 13(e); 2015.5: CRC 2008: By arranging for facsimile transmission from facsimile number (415) 621-0581 to the below- listed facsimile number(s), I am readily familiar with my firm's business practice for collection and processing of correspondence via facsimile transmission(s) and any such correspondence would be transmitted in the ordinary course of business. The facsimile transmission(s) was Teported as complete and without error, and a copy of the transmission report has been maintained. () MIA HAND DELIVERY -- CCP 81011: 015.5: By placing a true copy thereof enclosed ina sealed envelope(s), addressed as below, and causing each envelope(s) to be hand-served on that day, in the ordinary course of my firm's business practice. Shedrick O. Davis, II JP MORGAN CHASE LEGAL DEPARTMENT 300 S. Grand Avenue, 4" Floor Los Angeles, CA 90071 Ss iy I declare under penalty of perjury that the foregoing is true ay SA 3 was executed on July 18, 2007 at San Francisco, California. yo > 1 Lo7N STEVEN H/BOVARNIC at this declaration