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FRANCISCO SUAREZ
566 Railroad Ave.
South San Francisco, California 94080
\
Telephone: (415)996—4561
5? #9
'efc §§ SANMQC‘DUNW
Attorney for: Pro Per QP§§§
.
41%,\ SEP 2
S
8 2017
SUPERIOR COURT OF THE STATE OF CALIF RNIA,
COUNTY OF SAN MATEO—CIVIL (UNLIMITED)
10
SALVADOR MIRANDA, Case No.: 17CIV01923
11
12 Plaintiff, DEFENDANT’S, FRANCISCO SUAREZ,
ANSWER AND AFFIRMATIVE DEFENSES
13 TO COMPLAINT
vs
14
FRANCISCO SUAREZ, VIRGINIA DOS
VVVVVVVVVVVVVV
15 SANTOS, ALVARO DOS SANTOS, ANA
LAMPERTI SANTOS, and DOES 1—50,
16
Defendants
17
18
/) 19
COMES
and in answer to
NOW the Defendant,
the Complaint of
FRANCISCO
Plaintiff on
SUAREZ,
file herein admits,
an individual,
denies
above
and alleges as
named,
20
(”ac
21 follows:
22
I.
23
Under the provisions of Section 431.30 of the California Code of Civil Procedure,
24
25 this answering Defendant denies each, every, and all of the allegations of said Complaint,
26 and the whole thereof, and denies Plaintiff has sustained damages in any sum or sums
27
alleged or in any other sum, or at all.
28
1
DEFENDANT’S, FRANCISCO SUAREZ, ANSWER AND AFFIRIVIATIVE DEFENSES TO COMPLAINT—
17CIV01923
II.
Further answering Plaintiff’s Complaint on file herein, and the whole thereof, this
answering Defendant denies that the Plaintiff has sustained any injury, damages or loss, if
any, by reason of any act or omission of this answering Defendant or his agents or
employees.
AF FIRMATIVE DEFENSES
FIRST AF FIRMATIVE DEFENSE
(Complaint Unintelligible and Uncertain)
10 FOR AND AS A FIRST AFFIRNUXTIVE DEFENSE ,to all causes of action in the complaint,
11
answering defendant alleges that the complaint is unintelligible and uncertain.
12
SECOND AF FIRMATIVE DEFENSE
13
(Statute of Limitations)
14 FOR AND AS A SECOND AFFIRMATIVE DEFENSE to all causes of action in the
15
complaint, answering defendant alleges that plaintiff is limited or bare from recovery, if any,
16
by the applicable statutes of limitations.
17
18 THIRD AFFIRMATIVE DEFENSE
(Failure to State Facts Sufficient to Constitute a Cause of Action)
19 FOR AND AS A THIRD AFFIRMATIVE DEFENSE to all causes of action alleged in
2O
the complaint, answering defendant alleges that the complaint does not state facts sufficient
21
22
to constitute a cause of action against this answering defendant.
23 FOURTH AFFIRMATIVE DEFENSE
(Failure to Mitigate Damages)
24
FOR AND AS A FOURTH AFFIRMATIVE DEFENSE to all causes of action alleged in
25
the complaint, answering defendant alleges that plaintiff failed to mitigate their damages.
26
27
FIFTH AFFIRMATIVE DEFENSE
28 (Comparative Fault)
2
DEFENDANT’S, FRANCISCO SUAREZ, ANSWER AND AFFIRJVIATIVE DEFENSES TO COMPLAINT—
17CIV01923
FOR AND AS A FIFTH AFFIRMATIVE DEFENSE to all causes of action in the
complaint, answering defendant alleges that damages suffered, if any, are a result of
comparative fault of plaintiff such that any disbursements from defendant is barred and/ or
must be adjusted and/ or eliminated.
SIXTH AFFIRMATIVE DEFENSE
(Waiver)
FOR AND AS A SIXTH AFFIRMATIVE DEFENSE to all causes of action alleged in the
complaint, answering defendant alleges that by reason of the acts and omissions of the
10 plaintiff, plaintiff has waived any entitlement to any recovery, for any breach of any duty, or
11
for any other cause.
12
13
SEVENTH AF FIRMATIVE DEFENSE
(Estoppel)
14 FOR AND AS A SEVENTH AFFIRMATIVE DEFENSE to all causes of action alleged in
15
the complaint, answering defendant alleges that by reason of the acts and omissions of the
16
plaintiff, plaintiff is estopped from entitlement to any recovery, if any.
17
18 EIGHTH AF FIRMATIVE DEFENSE
(Release and Discharge)
19 FOR AND AS A EIGHTH AFFIRMATIVE DEFENSE to all causes of action alleged in
20
the complaint, answering defendant alleges that by reason of the acts and omissions of
21
22
the plaintiff, plaintiff has released and discharged defendant from any liability.
23 NINTH AFFIRMATIVE DEFENSE
(Comparative Fault of Third Parties)
24
FOR AND AS A NINTH AFFIRMATIVE DEFENSE to all causes of action in the
25
complaint, answering defendant alleges that, because people or entities other than this
26
27 defendant caused or contributed to the damages plaintiff claims to have suffered, any award
28
made in favor of the plaintiff in this case must be reduced by an amount equal to the
3
DEFENDANT’S, FRANCISCO SUAREZ, ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT——
17CIV01 923
percentage of the fault of others in causing or contributing to the damages as alleged in the
complaint.
TENTH AF FIRMATIVE DEFENSE
(Apportionment of Fault)
FOR AND AS A TENTH AFFIRMATIVE DEFENSE to all causes in the complaint,
defendant alleges that, because defendants other than this defendant caused or contributed to
the damages plaintiff claims to have suffered, any award made in favor of the plaintiff in this
case must be divided between the defendants so that each pays only his, her or its fair share in
10 relationship to his, her or its amount of fault.
ll ELEVENTH AF FIRMATIVE DEFENSE
12 (Failure to Exhaust Administrative Remedies)
FOR AND AS A ELEVENTH AFFIRNLATIVE DEFENSE to all causes of action in the
l3
14 complaint, answering defendant alleges that plaintiff is barred from recovery because Plaintiff
15
or the person insured by plaintiff failed to file and pursue a claim with the responsible
l6
government agency before filing this lawsuit.
17
18 TWELFTH AF FIRMATIVE DEFENSE
(Alleged Damages not caused by Defendant)
19 FOR AND AS A TWELFTH AFFIRMATIVE DEFENSE to all causes of actions alleged
20
in the complaint, answering defendant alleges that to the extent that plaintiff suffered any
21
22
damages alleged, such damages were not caused by defendant but by the acts or omissions
23 of plaintiff and/ or others.
24
THIRTEENTH AF FIRMATIVE DEFENSE
25 (Laches)
FOR AND AS A THIRTEENTH AFFIRWTIVE DEFENSE to all causes of action in the
26
27 complaint, answering defendant alleges that plaintiff is barred from any recovery by the
28
doctrine of laches.
4
DEFENDANT’S, FRANCISCO SUAREZ, ANSWER AND AFFIRMATIVE DEFENSES TO COB/[PLAINT—
17CIV01923
FOURTEENTH AF FIRMATIVE DEFENSE
(Intervening or Supervening Cause)
FOR AND AS A FOURTEENTH AFFIRMATIVE DEFENSE to all causes of action in the
complaint, answering defendant alleges that plaintiff is barred from any recovery because the
damages the plaintiff or the person insured by plaintiff claims to have suffered were caused or
made worse by an event that occurred after the accident described in the complaint.
F IFTEENTH AF FIRMATIVE DEFENSE
(Superseding Cause)
FOR AND AS A FIFTEENTH AFFIRMATIVE DEFENSE to all causes of action in the
10 complaint, answering defendant alleges that plaintiff is barred from any relief, because the
11
damages the plaintiff or the person insured by plaintiff claims to have suffered were almost
12
entirely caused by an event that occurred after the accident described in the complaint, thus this
13
14 defendant is not responsible for plaintiff’s claimed damages.
15
SIXTEENTH AF FIRMATIVE DEFENSE
16 (Carelessness, Negligence, and / or Fault by Plaintiff)
FOR AND AS A SIXTEENTH AFFIRMATIVE DEFENSE to all causes of actions
17
18 alleged in the complaint, answering defendant alleges that plaintiff is barred from recovering
19 of
any damages because plaintiff ’s own acts of carelessness, negligence and/ or other fault,
20
and further, that such carelessness, negligence and/ or other fault proximately contributed to
21
22
the happening of any alleged incidents, injuries, and damages complained of, if any.
23 SEVENTEENTH AFFIRMATIVE DEFENSE
24
(No Breach of Duty)
FOR AND AS A SEVENTEENTH AFFIRMATIVE DEFENSE to all causes of action in
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the complaint, answering defendant alleges that he did not breach any duty to plaintiff.
26
27 EIGHTEENTH AFFIRMATIVE DEFENSE
(Consent)
28
5
DEFENDANT’S, FRANCISCO SUAREZ, ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT——
17CIV01 923
FOR AND AS A EIGHTEENTH AFFIRMATIVE DEFENSE to all causes of action in
the complaint, answering defendant alleges that plaintiff is barred from asserting any causes
of action by virtue of their consent to the alleged acts or conditions.
NINETEENTH AF FIRMATIVE DEFENSE
(Reservation of Right to Assert or Delete Affirmative Defenses)
FOR AND AS A NINETEENTH AFFIRMATIVE DEFENSE to all causes of action in the
complaint, answering defendant alleges that he has not knowingly or intentionally waived any
applicable affirmative defenses and reserve the right to assert and rely on such other applicable
10 affirmative defenses as may come available or apparent during discovery proceedings and
11
further reserve the right to amend this answer and defenses accordingly and to delete defenses
12
13
if determined are not applicable during the course of discovery and other proceedings in this
14 case.
15
WHEREFORE, defendants pray that:
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1. Plaintiff take nothing by its complaint and that said complaint and each
17
18 cause of action therein be dismissed as to defendant;
19
2. For defendant’s cost of suit herein;
20
3. For reasonable attorney's fees; and
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For such other relief
r
22 4. the court deems proper.
23
24
Dated: q’Z-é‘ ’7 K
25 Francisco Suarezk’)
26
Defendant Pro Per
27
28
6
DEFENDANT’S, FRANCISCO SUAREZ, ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT—
17CIV01923
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FRANCISCO SUAREZ 566 Railroad Ave. South San Francisco, California 94080 \ Telephone: (415)996—4561 5? #9 'efc §§ SANMQC‘DUNW Attorney for: Pro Per QP§§§ . 41%,\ SEP 2 S 8 2017 SUPERIOR COURT OF THE STATE OF CALIF RNIA, COUNTY OF SAN MATEO—CIVIL (UNLIMITED) 10 SALVADOR MIRANDA, Case No.: 17CIV01923 11 12 Plaintiff, DEFENDANT’S, FRANCISCO SUAREZ, ANSWER AND AFFIRMATIVE DEFENSES 13 TO COMPLAINT vs 14 FRANCISCO SUAREZ, VIRGINIA DOS VVVVVVVVVVVVVV 15 SANTOS, ALVARO DOS SANTOS, ANA LAMPERTI SANTOS, and DOES 1—50, 16 Defendants 17 18 /) 19 COMES and in answer to NOW the Defendant, the Complaint of FRANCISCO Plaintiff on SUAREZ, file herein admits, an individual, denies above and alleges as named, 20 (”ac 21 follows: 22 I. 23 Under the provisions of Section 431.30 of the California Code of Civil Procedure, 24 25 this answering Defendant denies each, every, and all of the allegations of said Complaint, 26 and the whole thereof, and denies Plaintiff has sustained damages in any sum or sums 27 alleged or in any other sum, or at all. 28 1 DEFENDANT’S, FRANCISCO SUAREZ, ANSWER AND AFFIRIVIATIVE DEFENSES TO COMPLAINT— 17CIV01923 II. Further answering Plaintiff’s Complaint on file herein, and the whole thereof, this answering Defendant denies that the Plaintiff has sustained any injury, damages or loss, if any, by reason of any act or omission of this answering Defendant or his agents or employees. AF FIRMATIVE DEFENSES FIRST AF FIRMATIVE DEFENSE (Complaint Unintelligible and Uncertain) 10 FOR AND AS A FIRST AFFIRNUXTIVE DEFENSE ,to all causes of action in the complaint, 11 answering defendant alleges that the complaint is unintelligible and uncertain. 12 SECOND AF FIRMATIVE DEFENSE 13 (Statute of Limitations) 14 FOR AND AS A SECOND AFFIRMATIVE DEFENSE to all causes of action in the 15 complaint, answering defendant alleges that plaintiff is limited or bare from recovery, if any, 16 by the applicable statutes of limitations. 17 18 THIRD AFFIRMATIVE DEFENSE (Failure to State Facts Sufficient to Constitute a Cause of Action) 19 FOR AND AS A THIRD AFFIRMATIVE DEFENSE to all causes of action alleged in 2O the complaint, answering defendant alleges that the complaint does not state facts sufficient 21 22 to constitute a cause of action against this answering defendant. 23 FOURTH AFFIRMATIVE DEFENSE (Failure to Mitigate Damages) 24 FOR AND AS A FOURTH AFFIRMATIVE DEFENSE to all causes of action alleged in 25 the complaint, answering defendant alleges that plaintiff failed to mitigate their damages. 26 27 FIFTH AFFIRMATIVE DEFENSE 28 (Comparative Fault) 2 DEFENDANT’S, FRANCISCO SUAREZ, ANSWER AND AFFIRJVIATIVE DEFENSES TO COMPLAINT— 17CIV01923 FOR AND AS A FIFTH AFFIRMATIVE DEFENSE to all causes of action in the complaint, answering defendant alleges that damages suffered, if any, are a result of comparative fault of plaintiff such that any disbursements from defendant is barred and/ or must be adjusted and/ or eliminated. SIXTH AFFIRMATIVE DEFENSE (Waiver) FOR AND AS A SIXTH AFFIRMATIVE DEFENSE to all causes of action alleged in the complaint, answering defendant alleges that by reason of the acts and omissions of the 10 plaintiff, plaintiff has waived any entitlement to any recovery, for any breach of any duty, or 11 for any other cause. 12 13 SEVENTH AF FIRMATIVE DEFENSE (Estoppel) 14 FOR AND AS A SEVENTH AFFIRMATIVE DEFENSE to all causes of action alleged in 15 the complaint, answering defendant alleges that by reason of the acts and omissions of the 16 plaintiff, plaintiff is estopped from entitlement to any recovery, if any. 17 18 EIGHTH AF FIRMATIVE DEFENSE (Release and Discharge) 19 FOR AND AS A EIGHTH AFFIRMATIVE DEFENSE to all causes of action alleged in 20 the complaint, answering defendant alleges that by reason of the acts and omissions of 21 22 the plaintiff, plaintiff has released and discharged defendant from any liability. 23 NINTH AFFIRMATIVE DEFENSE (Comparative Fault of Third Parties) 24 FOR AND AS A NINTH AFFIRMATIVE DEFENSE to all causes of action in the 25 complaint, answering defendant alleges that, because people or entities other than this 26 27 defendant caused or contributed to the damages plaintiff claims to have suffered, any award 28 made in favor of the plaintiff in this case must be reduced by an amount equal to the 3 DEFENDANT’S, FRANCISCO SUAREZ, ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT—— 17CIV01 923 percentage of the fault of others in causing or contributing to the damages as alleged in the complaint. TENTH AF FIRMATIVE DEFENSE (Apportionment of Fault) FOR AND AS A TENTH AFFIRMATIVE DEFENSE to all causes in the complaint, defendant alleges that, because defendants other than this defendant caused or contributed to the damages plaintiff claims to have suffered, any award made in favor of the plaintiff in this case must be divided between the defendants so that each pays only his, her or its fair share in 10 relationship to his, her or its amount of fault. ll ELEVENTH AF FIRMATIVE DEFENSE 12 (Failure to Exhaust Administrative Remedies) FOR AND AS A ELEVENTH AFFIRNLATIVE DEFENSE to all causes of action in the l3 14 complaint, answering defendant alleges that plaintiff is barred from recovery because Plaintiff 15 or the person insured by plaintiff failed to file and pursue a claim with the responsible l6 government agency before filing this lawsuit. 17 18 TWELFTH AF FIRMATIVE DEFENSE (Alleged Damages not caused by Defendant) 19 FOR AND AS A TWELFTH AFFIRMATIVE DEFENSE to all causes of actions alleged 20 in the complaint, answering defendant alleges that to the extent that plaintiff suffered any 21 22 damages alleged, such damages were not caused by defendant but by the acts or omissions 23 of plaintiff and/ or others. 24 THIRTEENTH AF FIRMATIVE DEFENSE 25 (Laches) FOR AND AS A THIRTEENTH AFFIRWTIVE DEFENSE to all causes of action in the 26 27 complaint, answering defendant alleges that plaintiff is barred from any recovery by the 28 doctrine of laches. 4 DEFENDANT’S, FRANCISCO SUAREZ, ANSWER AND AFFIRMATIVE DEFENSES TO COB/[PLAINT— 17CIV01923 FOURTEENTH AF FIRMATIVE DEFENSE (Intervening or Supervening Cause) FOR AND AS A FOURTEENTH AFFIRMATIVE DEFENSE to all causes of action in the complaint, answering defendant alleges that plaintiff is barred from any recovery because the damages the plaintiff or the person insured by plaintiff claims to have suffered were caused or made worse by an event that occurred after the accident described in the complaint. F IFTEENTH AF FIRMATIVE DEFENSE (Superseding Cause) FOR AND AS A FIFTEENTH AFFIRMATIVE DEFENSE to all causes of action in the 10 complaint, answering defendant alleges that plaintiff is barred from any relief, because the 11 damages the plaintiff or the person insured by plaintiff claims to have suffered were almost 12 entirely caused by an event that occurred after the accident described in the complaint, thus this 13 14 defendant is not responsible for plaintiff’s claimed damages. 15 SIXTEENTH AF FIRMATIVE DEFENSE 16 (Carelessness, Negligence, and / or Fault by Plaintiff) FOR AND AS A SIXTEENTH AFFIRMATIVE DEFENSE to all causes of actions 17 18 alleged in the complaint, answering defendant alleges that plaintiff is barred from recovering 19 of any damages because plaintiff ’s own acts of carelessness, negligence and/ or other fault, 20 and further, that such carelessness, negligence and/ or other fault proximately contributed to 21 22 the happening of any alleged incidents, injuries, and damages complained of, if any. 23 SEVENTEENTH AFFIRMATIVE DEFENSE 24 (No Breach of Duty) FOR AND AS A SEVENTEENTH AFFIRMATIVE DEFENSE to all causes of action in 25 the complaint, answering defendant alleges that he did not breach any duty to plaintiff. 26 27 EIGHTEENTH AFFIRMATIVE DEFENSE (Consent) 28 5 DEFENDANT’S, FRANCISCO SUAREZ, ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT—— 17CIV01 923 FOR AND AS A EIGHTEENTH AFFIRMATIVE DEFENSE to all causes of action in the complaint, answering defendant alleges that plaintiff is barred from asserting any causes of action by virtue of their consent to the alleged acts or conditions. NINETEENTH AF FIRMATIVE DEFENSE (Reservation of Right to Assert or Delete Affirmative Defenses) FOR AND AS A NINETEENTH AFFIRMATIVE DEFENSE to all causes of action in the complaint, answering defendant alleges that he has not knowingly or intentionally waived any applicable affirmative defenses and reserve the right to assert and rely on such other applicable 10 affirmative defenses as may come available or apparent during discovery proceedings and 11 further reserve the right to amend this answer and defenses accordingly and to delete defenses 12 13 if determined are not applicable during the course of discovery and other proceedings in this 14 case. 15 WHEREFORE, defendants pray that: 16 1. Plaintiff take nothing by its complaint and that said complaint and each 17 18 cause of action therein be dismissed as to defendant; 19 2. For defendant’s cost of suit herein; 20 3. For reasonable attorney's fees; and 21 For such other relief r 22 4. the court deems proper. 23 24 Dated: q’Z-é‘ ’7 K 25 Francisco Suarezk’) 26 Defendant Pro Per 27 28 6 DEFENDANT’S, FRANCISCO SUAREZ, ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT— 17CIV01923