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MICHAEL J. LEVANGIE, State Bar # 160163
ALEX MILLINGTON, State Bar # 270630
LEVANGIE LAW GROUP
2021 N Street SANFMI
LED
ATEOC 0U MTV '
Sacramento, CA 95811
‘
Tel: (916) 443-4849
Fax: (916) 443-4855
Email: michael.levangie@llg-law.com
\DOOQQUIAMNH
Attorneys for Defendant
BOGDAN DEDYK dba SAFE AUTO TRANSPORT .
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN MATEO
UNLIMITED JURISDICTION
ANDY SABERI, CASE NO. CIV 536294
\\
Plaintiff, ANSWER OF DEFENDANT
BOGDAN DEDYK dba
v. SAFE AUTO TRANSPORT Fee)
TO PLAINTIFF’S FIRST
LES STANFORD CHEVROLET CADILLAC, AMENDED COMPLAINT (No
INC., BJ INTERSTATE AUTO
TRANSPORTERS, INC., a Nevada corporation, llllllllllllll/Nlllllllllll
BOGDAN DEDYK, doing business as SAFE Answer/Response/Denial
AUTO TRANSPORT, an individual, and DOES
1 through 25, inclusive, First Amended Complaint Filed: CIV536294
*l
ANSNF 259616
October 19, 2016 /_
-
Defendants,
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“\IQUI&MNHO\OW\IONUIAUJNHO
Defendant BOGDAN DEDYK dba SAFE AUTO TRANSPORT, answers Plaintiffs
Complaint as follows:
Under the provisions of Section 431.30(d) of the California Code of Civil Procedure, this
Defendant denies each and every allegation in the First Amended Complaint and denies Plaintiff
sustained damages in the sums alleged, if at all.
FIRST AFFIRMATIVE DEFENSE
(Failure to State A Cause Of Action)
1. Plaintiffs First Amended Complaint, and each of the causes of action contained
therein, fails to state a cause of action.
1
ANSWER OF DEFENDANT BOGDAN DEDYK dba SAFE AUTO TRANSPORT
SECOND AFFIRMATIVE DEFENSE
.
(Comparative Negligence)
2. Injury, damage or loss, if any, sustained by Plaintiff herein was proximately
caused and contributed to by the acts and/or negligence of Plaintiff, or others, by failing to
\DWQQUIADJNH
exercise ordinary care on their own behalf, or for that of others, at the times and places set forth
in the First Amended Complaint.
THIRD AFFIRMATIVE DEFENSE
(Reasonable Conduct)
3. Defendant’s alleged action, or failure to act to protect against the risk of injury
created by the alleged danger, was reasonable, taking into consideration the time and opportunity
to take action and weighing the probability and gravity of potential injuries to property
foreseeably exposed to the risk of injury against the practicability and cost of protecting against
the risk of injury.
FOURTH AFFIRMATIVE DEFENSE
(Third Party Negligence)
4. While denying any and all liability, Defendant alleges that other persons or
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entities, whether or not parties to this action, were negligent in and about the matters alleged in
said First Amended Complaint and thereby proximately caused the alleged incident and damages
mummAMNcoooqcxu-Ar—c
claimed by Plaintiff and therefore, should any damages be awarded, they must be apportioned
among all such persons or entities, with any amount attributable to other persons or entities being
offset against any damages, if any, awarded against Defendant.
FIFTH AFFIRMATIVE DEFENSE
(Joint or Several Obligations)
5. In the event Defendant is found liable (which supposition is denied and merely
stated for the purpose of this affirmative defense), the damages in this case shall be apportioned
and/or reduced in accordance with California Civil Code §§1431, 1431.1, 1431.2, 1431.3, 1431.4
and 1431.5.
//
2
ANSWER OF DEFENDANT BOGDAN DEDYK dba SAFE AUTO TRANSPORT
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SIXTH AF F IRMATIVE DEFENSE
(Misuse of Property)
6. Plaintiff and/or others misused equipment in a manner not intended or reasonably
foreseeable by Defendant and in a manner which proximately caused the injuries and damages
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allegedly sustained by Plaintiff.
SEVENTH AFFIRMATIVE DEFENSE
_
(Arbitration)
7. Defendants reserve and hereby pleads by way of affirmative defense that in the
event Plaintiff signed an agreement to Arbitrate the claims arising from this incident, Arbitration
is demanded pursuant to the terms of the agreement and in accordance with California Code of
Civil Procedure §§ 1280 through 1298.8 and the Carmack Amendment (49 U.S.C. §l4708).
EIGHTH AFFIRMATIVE DEFENSE
(Laches)
8. Plaintiff’ s First Amended Complaint is barred by the doctrine of laches.
NINTH AFFIRMATIVE DEFENSE
(Waiver and Estoppel)
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AWNHO©OOQGNUIAMNH©
9. Plaintiff’ s First Amended Complaint is barred by the doctrines of waiver and
estoppel.
TENTH AFFIRMATIVE DEFENSE
(Unclean Hands)
10. Plaintiff’s First Amended Complaint is barred by the doctrine of unclean hands.
ELEVENTH AFFIRMATIVE DEFENSE
(Failure to Mitigate)
1 1. Plaintiffs First Amended Complaint is barred and they are estopped from
25 claiming damages of any kind or nature, or in any amount from this Defendant for the damages
26 alleged in the First Amended Complaint, if any there were, or for any other damages, by reason
27 of the fact, at all pertinent times, Plaintiff failed, refused, and otherwise neglected to take the
28 necessary steps to mitigate such alleged damages.
'
3
ANSWER OF DEFENDANT BOGDAN DEDYK dba SAFE AUTO TRANSPORT
TWELFTH AFFIRMATIVE DEFENSE
(Indemnification)
12. Should Plaintiff recover any damages against these answering Defendant, this
answering Defendant is entitled to indemnification either in whole or in part from any and all
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persons or entities whose negligence or fault proximately contributed to Plaintiff’s damages, if
any.
THIRTEENTH AFFIRMATIVE DEFENSE
(Spoliation of Evidence)
13. Plaintiff, plaintiff’s attorneys or agents, and/or other persons (not these answering
defendants) have lost, destroyed, misplaced, altered, modified, failed to preserve or otherwise
acted so as to preclude Defendants from gaining access to relevant and material evidence.
FOURTEENTH AFFIRMATIVE DEFENSE
(Express Waiver)
14. Defendant pleads by way of affirmative defense that Plaintiff and/or his agent, by
written instrument, including but not limited to the Bill of Lading signed by plaintiff and/or his
agents upon delivery of the 2016 Chevrolet Corvette, released, waived, covenanted not to sue,
and/or forever discharged Defendant from any and all liability for damages.
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FIFTEENTH AFFIRMATIVE DEFENSE
OOQGNUIADJNt—OwOOQONUI-RUJNHO
(Failure to File Notice Of Claim Carmack Amendment)
—
15. Plaintiff failed to comply with the pre-filing claim requirements under the
Carmack Amendment. Before a person can recover against the carrier for loss or damage under the
Carmack Amendment they must file a written notice of claim as outlined within the Carmack
Amendment. 49 C.F.R. §370.3(a).
SIXTEENTH AFFIRMATIVE DEFENSE
(Act Of Shipper)
16. The loss alleged was caused by the act or fault of the shipper or owner of the goods.
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4
ANSWER OF DEFENDANT BOGDAN DEDYK dba SAFE AUTO TRANSPORT
H WHEREFODE, this answering Defendant prays as follows:
1. That Plaintiff take nothing by reason of his Complaint;
A
2. For costs of suit incurred herein;
3. For attorneys’ fees; and
4. For such other and further relief as the Court may deem proper
\DOOQOKUIAMN
DATED: November 7, 2016 LEVANG W GR UP
WE torneys for'Iefend t
NNNNNNNNNHHi—ii—Ib—tr—tb—ti—In—Ai—
OOQONUIAUJNHGWOOQQUIAMNHO
5
ANSWER OF DEFENDANT BOGDAN DEDYK dba SAFE AUTO TRANSPORT
Re: Saberi v. Les Stanford Chevrolet Cadillac, Inc., et al.
San Mateo Superior Court, Case Number: CIV536294
PROOF OF SERVICE
I, the undersigned, declare that I am, and was at the time of service of the papers herein
referred to, over the age of 18 years and not a party to the within action or proceeding. My
QUI-RM
business address is 2021 N Street, Sacramento, California, 95811, which is located in the county
in which the within—mentioned service occurred.
On this date, I served the following document(s):
ANSWER OF DEFENDANT BOGDAN DEDYK dba SAFE AUTO TRANSPORT TO
PLAINTIFF’S FIRST AMENDED COMPLAINT
\OOOQ
to each addressee named below:
James M. Dombroski Tom Crowell
10 Law Office of James M. Dombroski Toschi, Sidran, Collins & Doyle
Post Office Box 751027 5145 Johnson Drive
ll Petaluma, CA. 94975
idomski@aol.com
Pleasanton, CA 94588
TCrowell@toschisidran.com
12 Phone: (707) 762-7807 Phone: (510) 835-3400
Fax: (707) 769-0419 Fax: (510) 835-7800
13 ATTORNEYS FOR LES STANDFORD
Thomas I. Saberi, Esq. CHEVROLET CADILLAC INC.
Law Office of William H. Paynter
14
1045 Airport Blvd, Suite 12
So. San Francisco, CA 94080
15 tsaberi@aol.com
Phone: (650) 588-2428
l6 Fax: (650) 873—704
ATTORNEYS FOR PLAINTIFF
17
James Attridge
18 Business Trial Lawyer
270 Divisadero St., #3
19 San Francisco, CA 94117
iattridge@attridgelaw.com
20 Phone: (415) 552—3088
Fax: None i
21 ATTORNEYS FOR BJ INTERSTATE AUTO
TRANSPORTER’S, INC. !
22
23 [X] (MAIL) A true copy of said document(s) was placed in a sealed envelope on this date,
addressed as indicated above, and deposited in regularly maintained office mail for
24 collection, postage and same-day delivery to the United States Postal Service at
Sacramento, California with postage thereon fully prepared for delivery to the
25 addressee(s).
26 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration was executed on November 8, 2016, at
27 Sacramento, California.
\
ENQ‘K\R \
28
Mary KingQ Z’\\
Preview
MICHAEL J. LEVANGIE, State Bar # 160163 ALEX MILLINGTON, State Bar # 270630 LEVANGIE LAW GROUP 2021 N Street SANFMI LED ATEOC 0U MTV ' Sacramento, CA 95811 ‘ Tel: (916) 443-4849 Fax: (916) 443-4855 Email: michael.levangie@llg-law.com \DOOQQUIAMNH Attorneys for Defendant BOGDAN DEDYK dba SAFE AUTO TRANSPORT . SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN MATEO UNLIMITED JURISDICTION ANDY SABERI, CASE NO. CIV 536294 \\ Plaintiff, ANSWER OF DEFENDANT BOGDAN DEDYK dba v. SAFE AUTO TRANSPORT Fee) TO PLAINTIFF’S FIRST LES STANFORD CHEVROLET CADILLAC, AMENDED COMPLAINT (No INC., BJ INTERSTATE AUTO TRANSPORTERS, INC., a Nevada corporation, llllllllllllll/Nlllllllllll BOGDAN DEDYK, doing business as SAFE Answer/Response/Denial AUTO TRANSPORT, an individual, and DOES 1 through 25, inclusive, First Amended Complaint Filed: CIV536294 *l ANSNF 259616 October 19, 2016 /_ - Defendants, NNNNNNNNNi—sr—IHHHHHHHH “\IQUI&MNHO\OW\IONUIAUJNHO Defendant BOGDAN DEDYK dba SAFE AUTO TRANSPORT, answers Plaintiffs Complaint as follows: Under the provisions of Section 431.30(d) of the California Code of Civil Procedure, this Defendant denies each and every allegation in the First Amended Complaint and denies Plaintiff sustained damages in the sums alleged, if at all. FIRST AFFIRMATIVE DEFENSE (Failure to State A Cause Of Action) 1. Plaintiffs First Amended Complaint, and each of the causes of action contained therein, fails to state a cause of action. 1 ANSWER OF DEFENDANT BOGDAN DEDYK dba SAFE AUTO TRANSPORT SECOND AFFIRMATIVE DEFENSE . (Comparative Negligence) 2. Injury, damage or loss, if any, sustained by Plaintiff herein was proximately caused and contributed to by the acts and/or negligence of Plaintiff, or others, by failing to \DWQQUIADJNH exercise ordinary care on their own behalf, or for that of others, at the times and places set forth in the First Amended Complaint. THIRD AFFIRMATIVE DEFENSE (Reasonable Conduct) 3. Defendant’s alleged action, or failure to act to protect against the risk of injury created by the alleged danger, was reasonable, taking into consideration the time and opportunity to take action and weighing the probability and gravity of potential injuries to property foreseeably exposed to the risk of injury against the practicability and cost of protecting against the risk of injury. FOURTH AFFIRMATIVE DEFENSE (Third Party Negligence) 4. While denying any and all liability, Defendant alleges that other persons or NNNNNNNNNHHHHl—IHHfi-‘r—Il—t entities, whether or not parties to this action, were negligent in and about the matters alleged in said First Amended Complaint and thereby proximately caused the alleged incident and damages mummAMNcoooqcxu-Ar—c claimed by Plaintiff and therefore, should any damages be awarded, they must be apportioned among all such persons or entities, with any amount attributable to other persons or entities being offset against any damages, if any, awarded against Defendant. FIFTH AFFIRMATIVE DEFENSE (Joint or Several Obligations) 5. In the event Defendant is found liable (which supposition is denied and merely stated for the purpose of this affirmative defense), the damages in this case shall be apportioned and/or reduced in accordance with California Civil Code §§1431, 1431.1, 1431.2, 1431.3, 1431.4 and 1431.5. // 2 ANSWER OF DEFENDANT BOGDAN DEDYK dba SAFE AUTO TRANSPORT 9.9x m>2 ow Em 23 Sflmo men H m mmomEmc oocz? mac» 2% 8:3 SIXTH AF F IRMATIVE DEFENSE (Misuse of Property) 6. Plaintiff and/or others misused equipment in a manner not intended or reasonably foreseeable by Defendant and in a manner which proximately caused the injuries and damages \OWQQUIAOJNH allegedly sustained by Plaintiff. SEVENTH AFFIRMATIVE DEFENSE _ (Arbitration) 7. Defendants reserve and hereby pleads by way of affirmative defense that in the event Plaintiff signed an agreement to Arbitrate the claims arising from this incident, Arbitration is demanded pursuant to the terms of the agreement and in accordance with California Code of Civil Procedure §§ 1280 through 1298.8 and the Carmack Amendment (49 U.S.C. §l4708). EIGHTH AFFIRMATIVE DEFENSE (Laches) 8. Plaintiff’ s First Amended Complaint is barred by the doctrine of laches. NINTH AFFIRMATIVE DEFENSE (Waiver and Estoppel) NNNNNh—Il—IHHI—th—IHHHH AWNHO©OOQGNUIAMNH© 9. Plaintiff’ s First Amended Complaint is barred by the doctrines of waiver and estoppel. TENTH AFFIRMATIVE DEFENSE (Unclean Hands) 10. Plaintiff’s First Amended Complaint is barred by the doctrine of unclean hands. ELEVENTH AFFIRMATIVE DEFENSE (Failure to Mitigate) 1 1. Plaintiffs First Amended Complaint is barred and they are estopped from 25 claiming damages of any kind or nature, or in any amount from this Defendant for the damages 26 alleged in the First Amended Complaint, if any there were, or for any other damages, by reason 27 of the fact, at all pertinent times, Plaintiff failed, refused, and otherwise neglected to take the 28 necessary steps to mitigate such alleged damages. ' 3 ANSWER OF DEFENDANT BOGDAN DEDYK dba SAFE AUTO TRANSPORT TWELFTH AFFIRMATIVE DEFENSE (Indemnification) 12. Should Plaintiff recover any damages against these answering Defendant, this answering Defendant is entitled to indemnification either in whole or in part from any and all \DMQQUIADJNH persons or entities whose negligence or fault proximately contributed to Plaintiff’s damages, if any. THIRTEENTH AFFIRMATIVE DEFENSE (Spoliation of Evidence) 13. Plaintiff, plaintiff’s attorneys or agents, and/or other persons (not these answering defendants) have lost, destroyed, misplaced, altered, modified, failed to preserve or otherwise acted so as to preclude Defendants from gaining access to relevant and material evidence. FOURTEENTH AFFIRMATIVE DEFENSE (Express Waiver) 14. Defendant pleads by way of affirmative defense that Plaintiff and/or his agent, by written instrument, including but not limited to the Bill of Lading signed by plaintiff and/or his agents upon delivery of the 2016 Chevrolet Corvette, released, waived, covenanted not to sue, and/or forever discharged Defendant from any and all liability for damages. NNNNNNNNNr—y—r—i—ti—i—Ir—Ir—p—r— FIFTEENTH AFFIRMATIVE DEFENSE OOQGNUIADJNt—OwOOQONUI-RUJNHO (Failure to File Notice Of Claim Carmack Amendment) — 15. Plaintiff failed to comply with the pre-filing claim requirements under the Carmack Amendment. Before a person can recover against the carrier for loss or damage under the Carmack Amendment they must file a written notice of claim as outlined within the Carmack Amendment. 49 C.F.R. §370.3(a). SIXTEENTH AFFIRMATIVE DEFENSE (Act Of Shipper) 16. The loss alleged was caused by the act or fault of the shipper or owner of the goods. //// //// 4 ANSWER OF DEFENDANT BOGDAN DEDYK dba SAFE AUTO TRANSPORT H WHEREFODE, this answering Defendant prays as follows: 1. That Plaintiff take nothing by reason of his Complaint; A 2. For costs of suit incurred herein; 3. For attorneys’ fees; and 4. For such other and further relief as the Court may deem proper \DOOQOKUIAMN DATED: November 7, 2016 LEVANG W GR UP WE torneys for'Iefend t NNNNNNNNNHHi—ii—Ib—tr—tb—ti—In—Ai— OOQONUIAUJNHGWOOQQUIAMNHO 5 ANSWER OF DEFENDANT BOGDAN DEDYK dba SAFE AUTO TRANSPORT Re: Saberi v. Les Stanford Chevrolet Cadillac, Inc., et al. San Mateo Superior Court, Case Number: CIV536294 PROOF OF SERVICE I, the undersigned, declare that I am, and was at the time of service of the papers herein referred to, over the age of 18 years and not a party to the within action or proceeding. My QUI-RM business address is 2021 N Street, Sacramento, California, 95811, which is located in the county in which the within—mentioned service occurred. On this date, I served the following document(s): ANSWER OF DEFENDANT BOGDAN DEDYK dba SAFE AUTO TRANSPORT TO PLAINTIFF’S FIRST AMENDED COMPLAINT \OOOQ to each addressee named below: James M. Dombroski Tom Crowell 10 Law Office of James M. Dombroski Toschi, Sidran, Collins & Doyle Post Office Box 751027 5145 Johnson Drive ll Petaluma, CA. 94975 idomski@aol.com Pleasanton, CA 94588 TCrowell@toschisidran.com 12 Phone: (707) 762-7807 Phone: (510) 835-3400 Fax: (707) 769-0419 Fax: (510) 835-7800 13 ATTORNEYS FOR LES STANDFORD Thomas I. Saberi, Esq. CHEVROLET CADILLAC INC. Law Office of William H. Paynter 14 1045 Airport Blvd, Suite 12 So. San Francisco, CA 94080 15 tsaberi@aol.com Phone: (650) 588-2428 l6 Fax: (650) 873—704 ATTORNEYS FOR PLAINTIFF 17 James Attridge 18 Business Trial Lawyer 270 Divisadero St., #3 19 San Francisco, CA 94117 iattridge@attridgelaw.com 20 Phone: (415) 552—3088 Fax: None i 21 ATTORNEYS FOR BJ INTERSTATE AUTO TRANSPORTER’S, INC. ! 22 23 [X] (MAIL) A true copy of said document(s) was placed in a sealed envelope on this date, addressed as indicated above, and deposited in regularly maintained office mail for 24 collection, postage and same-day delivery to the United States Postal Service at Sacramento, California with postage thereon fully prepared for delivery to the 25 addressee(s). 26 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on November 8, 2016, at 27 Sacramento, California. \ ENQ‘K\R \ 28 Mary KingQ Z’\\