On June 05, 2013 a
Answer
was filed
involving a dispute between
Christmann, Erika,
Curtaz, Gary,
and
Price, Allen L,
Price, Carol,
for (23) Unlimited Other PI/PD/WD
in the District Court of San Mateo County.
Preview
PLD&1403
ATTORNEY OR PARTY WITHOUTATTORNEY (NArirfEAND ADDRESS): TELEPHONE NO.: FOR COURT USE ONLY
Allen L. Price and Carol D. Price 650-4174228
2000 Vallemar St.
Moss Beach, CA 94038
ATTORNEY FOR (rrrAryrEJ:
San Mateo County
400 County Center
Superior Court FILED
Insert name of court, judidal district or branch court, if any, and post otilce and street address:
SAN MATEO COUNTY
Redwood City, CA 94063
JUL 26 13
PLAINTIFF:
Erjka Chrisrmann, Gary Curtaz
Q aaeaNOANT:
Q
Aiiea L. Price aad Caml D. Price
— CASE NUMBER:
~
ANSWER
~
Personal
COIWPLAINTOF (name):
CROSSOIWPLAINT
Injury, Property Damage,
Erika Christrnrrnn,
OF (name):
Wrongful Death
Gary Curtaz CIV 522015
1. indudlng atbrchments
This pleading, of the following number of pages:
and exhibits, consists I 3
DEFENDANT oR cRossDEFENDANT (rreme): Allen L. Price and Carol D. Price
2. ~ Generally denies each allegation of the unverified complaint or crosscomphinL
3 a. ~ DENIES each allegationof the following numbered
paragraphs:
b. ~e'DMITS each agegation of the following numbered
paragraphs:
1,2,3,4,5
c. ~~ DENIES, ON INFORMATIONAND BELIEF, each allegation of the following numbered
paragraphs:
6. See attachment 1
d. ~J DENIES, BECAUSE OF LACK OF SUFFICIENT INFORMATION OR BELIEF TO ANSWER, each allegation
of the following numberedparagraphs:
7,8,9,10,11
e. ~ ADMITS the following allegations
and generally deniesall other allegations:
Parra1af3
ANSWER — Personal injury, Property Damage, Wrongful Death
Ircrt
PLDelcN Irriee. January
1,
PLD&1403
SHORT TITLE: CASE NUMBER:
CIV 522015
ANSWER — Personal Injury, Property Damage, Wrongful Death
f.~ DENIES the following allegations
and admits all other allegations:
g.~ Other (specffy):
4. ~
AFFIRMATIVELYALLEGES AS A DEFENSE
The comparative
as follows:
fault of pkrlnttifor cro~omplainant
(name):
Erika Christmann and her sister, Cannen Hidalgo, inspected the pmperty twice prior to reserving it.
They did so in detail and length to ensure it suitablefor Erika's wedding ceremony and subsequent
stay. They walked up and down the patio steps several times during their inspection. No mention was
ever made of their concern.
5. ~ The expiration of the Statute
of Umilations as follows:
6. ~ Other (specffy):
Defendants offered to contribute to out-of-pocket medical costs at the time of incident. We were told
Erika had insurance and the offer was subsequently declined.
7. DEFENDANT OR CROSS - DEFENDANT PRAYS
~For costsof suit and that plaintiffor cross~mplainant
Other
Use
(s~):
ADR and all parties
take nothing.
pay their own legal costs.
Allen L. Price and Carol D. Price
(Type or print nemo) (Sttnetrne of perly «eemney)
ANSWER — Personal Injury, Property Damage, Wrongful Death petto 2 rrl 2
Attachment for Case Number CIV 522015
PlaintN Erika Christman and Gary Curtaz
Defendants Allen L. Price and Carol D. Price
3C. Denies, on Information and Belief.
Denies Paragraph ¹8
Defendants vigorously deny that the stairway to the patio was negligently
constructed. It was constructed of heavy retaining wall blocks with sufficient rise
and tread dimensions for the safe use of our guests.
The plaintNs and all their wedding guests used these same stairs repeatedly and
without incident during their stay. Furthermore, Erika Christmann and her sister,
Carmen Hidalgo, inspected the property twice in great detail in my presence prior
to the wedding ceremony. No mention was ever made of an unsafe or
negligently constructed stairway to the patio. They expressed considerable
delight about the house and patio and were fully aware of the patio steps. Her
fall occurred on the last hours of the last day of her stay.
Furthermore, our other guests over a period of five (5) years have used these
steps without complaint, difficulty, or injury.
Document Filed Date
July 26, 2013
Case Filing Date
June 05, 2013
Category
(23) Unlimited Other PI/PD/WD
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PLD&1403 ATTORNEY OR PARTY WITHOUTATTORNEY (NArirfEAND ADDRESS): TELEPHONE NO.: FOR COURT USE ONLY Allen L. Price and Carol D. Price 650-4174228 2000 Vallemar St. Moss Beach, CA 94038 ATTORNEY FOR (rrrAryrEJ: San Mateo County 400 County Center Superior Court FILED Insert name of court, judidal district or branch court, if any, and post otilce and street address: SAN MATEO COUNTY Redwood City, CA 94063 JUL 26 13 PLAINTIFF: Erjka Chrisrmann, Gary Curtaz Q aaeaNOANT: Q Aiiea L. Price aad Caml D. Price — CASE NUMBER: ~ ANSWER ~ Personal COIWPLAINTOF (name): CROSSOIWPLAINT Injury, Property Damage, Erika Christrnrrnn, OF (name): Wrongful Death Gary Curtaz CIV 522015 1. indudlng atbrchments This pleading, of the following number of pages: and exhibits, consists I 3 DEFENDANT oR cRossDEFENDANT (rreme): Allen L. Price and Carol D. Price 2. ~ Generally denies each allegation of the unverified complaint or crosscomphinL 3 a. ~ DENIES each allegationof the following numbered paragraphs: b. ~e'DMITS each agegation of the following numbered paragraphs: 1,2,3,4,5 c. ~~ DENIES, ON INFORMATIONAND BELIEF, each allegation of the following numbered paragraphs: 6. See attachment 1 d. ~J DENIES, BECAUSE OF LACK OF SUFFICIENT INFORMATION OR BELIEF TO ANSWER, each allegation of the following numberedparagraphs: 7,8,9,10,11 e. ~ ADMITS the following allegations and generally deniesall other allegations: Parra1af3 ANSWER — Personal injury, Property Damage, Wrongful Death Ircrt PLDelcN Irriee. January 1, PLD&1403 SHORT TITLE: CASE NUMBER: CIV 522015 ANSWER — Personal Injury, Property Damage, Wrongful Death f.~ DENIES the following allegations and admits all other allegations: g.~ Other (specffy): 4. ~ AFFIRMATIVELYALLEGES AS A DEFENSE The comparative as follows: fault of pkrlnttifor cro~omplainant (name): Erika Christmann and her sister, Cannen Hidalgo, inspected the pmperty twice prior to reserving it. They did so in detail and length to ensure it suitablefor Erika's wedding ceremony and subsequent stay. They walked up and down the patio steps several times during their inspection. No mention was ever made of their concern. 5. ~ The expiration of the Statute of Umilations as follows: 6. ~ Other (specffy): Defendants offered to contribute to out-of-pocket medical costs at the time of incident. We were told Erika had insurance and the offer was subsequently declined. 7. DEFENDANT OR CROSS - DEFENDANT PRAYS ~For costsof suit and that plaintiffor cross~mplainant Other Use (s~): ADR and all parties take nothing. pay their own legal costs. Allen L. Price and Carol D. Price (Type or print nemo) (Sttnetrne of perly «eemney) ANSWER — Personal Injury, Property Damage, Wrongful Death petto 2 rrl 2 Attachment for Case Number CIV 522015 PlaintN Erika Christman and Gary Curtaz Defendants Allen L. Price and Carol D. Price 3C. Denies, on Information and Belief. Denies Paragraph ¹8 Defendants vigorously deny that the stairway to the patio was negligently constructed. It was constructed of heavy retaining wall blocks with sufficient rise and tread dimensions for the safe use of our guests. The plaintNs and all their wedding guests used these same stairs repeatedly and without incident during their stay. Furthermore, Erika Christmann and her sister, Carmen Hidalgo, inspected the property twice in great detail in my presence prior to the wedding ceremony. No mention was ever made of an unsafe or negligently constructed stairway to the patio. They expressed considerable delight about the house and patio and were fully aware of the patio steps. Her fall occurred on the last hours of the last day of her stay. Furthermore, our other guests over a period of five (5) years have used these steps without complaint, difficulty, or injury.