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1 GREG T. MINO, ESQ. (SBN 173597)
TIZA SERRANO THOMPSON & ASSOCIATES 5/15/2020
2 Employees of the Law Department
State Farm Mutual Automobile Insurance Company
3 980 9th Street, Suite 2250
Sacramento, CA 95814
4 Telephone: (916) 561-2780
Facsimile: (855) 886-5559
5 Email: greg.mino@statefarm.com
6 Attorneys for Defendant
Byrne C. Pedit
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF BUTTE / UNLIMITED JURISDICTION
10
11 RAYMOND E. SZCZEPANKSI, NO. 20CV00876
12 Plaintiff, ANSWER TO UNVERIFIED
COMPLAINT
13 v.
14 BYRNE C. PEDIT; AND DOES 1 TO
50,
15
Defendants.
16
17 Defendant, BYRNE C. PEDIT, in answer to the Unverified Complaint filed by
18 Plaintiff, RAYMOND E. SZCZEPANSKI, herein admits, denies and alleges as follows:
19 Under the provisions of Section 431.30 of the Code of Civil Procedure of the State
20 of California, this answering defendant denies, generally and specifically, all and
21 singular, each and every allegation contained in the Unverified Complaint of Plaintiff
22 herein, and the whole thereof, and specifically denies that Plaintiff has been injured or
23 damaged as alleged herein, or in any other sum or manner, or otherwise or at all.
24 1. AS A FIRST AFFIRMATIVE DEFENSE to the Complaint and each alleged
25 Cause of Action thereof, this answering defendant alleges that Plaintiff was careless and
26 negligent in and about the matters referred to in said Complaint, and that said
27 carelessness and negligence on Plaintiff's own part proximately contributed to the
28 \\\
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_______________________________________
Answer to Unverified Complaint
1 happening of the incident in question, and to the injuries, loss, and damages complained
2 of, if there were any.
3 2. AS A SECOND AFFIRMATIVE DEFENSE to the Complaint and each
4 alleged Cause of Action thereof, this answering defendant alleges that the injuries and
5 damages complained of by Plaintiff, if there were any, were either wholly or in part
6 directly and proximately caused by the negligence of persons or entities other than this
7 answering defendant, and said negligence comparatively reduces the proportion of
8 negligence and corresponding liability of this answering defendant.
9 3. AS A THIRD AFFIRMATIVE DEFENSE to the Complaint and each alleged
10 Cause of Action thereof, this answering defendant alleges that said Complaint fails to
11 state facts sufficient to constitute a cause of action against this answering defendant or
12 at all.
13 4. AS A FOURTH AFFIRMATIVE DEFENSE to the Complaint and each
14 alleged Cause of Action thereof, this answering defendant alleges that the injuries, loss
15 and damages complained of, if there were any, were increased by the failure of Plaintiff
16 to use reasonable diligence to mitigate them.
17 5. AS A FIFTH AFFIRMATIVE DEFENSE to the Complaint and each alleged
18 Cause of Action thereof, this answering defendant alleges that ifliability is assessed
19 against him, pursuant to Civil Code Section 1431 et seq., this answering defendant shall
20 be liable only for the amount of non-economic damages allocated to him in direct
21 proportion to the percentage of fault assessed against him by the trier of fact and
22 requests that a separate judgment be rendered against him for that amount.
23 6. AS A SIXTH AFFIRMATIVE DEFENSE to the Complaint and each alleged
24 Cause of Action thereof, this answering defendant alleges that the Complaint and each
25 Cause of Action alleged therein is barred by California Code of Civil Procedure §335.1
26 and/or the applicable statute of limitations, including, but not limited to, California Code of
27 Civil Procedure §§337, 337.1, 337.15, 338, 339, 340.3 and 343.
28 \\\
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_______________________________________
Answer to Unverified Complaint
1 7. AS A SEVENTH AFFIRMATIVE DEFENSE to the Complaint and each
2 alleged Cause of Action thereof, this answering defendant alleges that Plaintiff knew, or
3 in the exercise of reasonable care should have known, of the risk and hazards involved
4 in the undertaking in which he engaged, but nevertheless and with full knowledge of
5 these things did fully and voluntarily consent to assume the risk and hazards involved in
6 this undertaking, thereby assuming all risks of any injuries and damages, if any, referred
7 to in the Complaint.
8 8. AS AN EIGHTH AFFIRMATIVE DEFENSE to the Complaint and each
9 alleged Cause of Action, this answering defendant is informed and believes that at all
10 times mentioned herein Plaintiff was in the course and scope of his employment and
11 that Plaintiff's exclusive remedy lies within the workers’ compensation laws; or, in the
12 alternative, the injuries sustained by Plaintiff, if any, were caused or contributed to by the
13 carelessness, negligence or other fault of Plaintiff's employer and/or said employer’s
14 agents, servants or employees and that from any award made to Plaintiff this defendant
15 is entitled to a credit, set-off or reduction in damages in an amount in direct proportion to
16 said employer’s and/or said employer’s agents’, servants’ or employees’ percentage of
17 fault pursuant to the rule of Witt v. Jackson.
18 WHEREFORE, this answering defendant prays that Plaintiff takes nothing by
19 reason of his Complaint, that this answering defendant has judgment for his costs of suit
20 incurred herein, and for such other and further relief as the Court may deem proper.
21
22 Dated: May 15, 2020 TIZA SERRANO THOMPSON & ASSOCIATES
23
24
Greg T. Mino
25 Attorneys for Defendant
Byrne C. Pedit
26
Electronic signature pursuant to Civil Code §1633.7(d).
27
28
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_______________________________________
Answer to Unverified Complaint
1 PROOF OF SERVICE
2
Szczepanski v. Pedit
3 Butte County Superior Court - Chico Case No. 20CV00876
4 I, the undersigned, declare that I am a resident of the United States; employed
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
6 9th Street, Sacramento, CA 95814.
7 On May 15, 2020, I served the within document(s),
8 ANSWER TO UNVERIFIED COMPLAINT
9
on the interested parties in this action as follows:
10
11 Attorney(s) for Plaintiff Raymond E.
Szczepanski
12 Joseph Appel
Appel Law Firm, LLP
13 100 Pringle Avenue, Suite 730
Walnut Creek, CA 94596
14
Email: jappel@appellawyer.com
15
16 [ X ] ONLY BY ELECTRONIC SUBMISSION - Pursuant to the California Rules of Court, Appendix
1, Emergency Rule 12, approved by the Judicial Council, I served a true copy of the
17 aforementioned document(s) via electronic mail on the parties in said action by transmitting by
e-mail to the e-mail addresses as set forth above on this date before 5:00 p.m. No electronic
18 message or other indication that the transmission was unsuccessful was received within a
reasonable time after the submission.
19
20 I declare under penalty of perjury under the laws of the State of California that
the above is true and correct, and that this declaration was executed on May 15,
21 2020, at Sacramento, California.
22
23
Elisabeth Stilwell
24
25
26
27
28
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_____________________________________
Proof of Service
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1 GREG T. MINO, ESQ. (SBN 173597) TIZA SERRANO THOMPSON & ASSOCIATES 5/15/2020 2 Employees of the Law Department State Farm Mutual Automobile Insurance Company 3 980 9th Street, Suite 2250 Sacramento, CA 95814 4 Telephone: (916) 561-2780 Facsimile: (855) 886-5559 5 Email: greg.mino@statefarm.com 6 Attorneys for Defendant Byrne C. Pedit 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF BUTTE / UNLIMITED JURISDICTION 10 11 RAYMOND E. SZCZEPANKSI, NO. 20CV00876 12 Plaintiff, ANSWER TO UNVERIFIED COMPLAINT 13 v. 14 BYRNE C. PEDIT; AND DOES 1 TO 50, 15 Defendants. 16 17 Defendant, BYRNE C. PEDIT, in answer to the Unverified Complaint filed by 18 Plaintiff, RAYMOND E. SZCZEPANSKI, herein admits, denies and alleges as follows: 19 Under the provisions of Section 431.30 of the Code of Civil Procedure of the State 20 of California, this answering defendant denies, generally and specifically, all and 21 singular, each and every allegation contained in the Unverified Complaint of Plaintiff 22 herein, and the whole thereof, and specifically denies that Plaintiff has been injured or 23 damaged as alleged herein, or in any other sum or manner, or otherwise or at all. 24 1. AS A FIRST AFFIRMATIVE DEFENSE to the Complaint and each alleged 25 Cause of Action thereof, this answering defendant alleges that Plaintiff was careless and 26 negligent in and about the matters referred to in said Complaint, and that said 27 carelessness and negligence on Plaintiff's own part proximately contributed to the 28 \\\ -1- _______________________________________ Answer to Unverified Complaint 1 happening of the incident in question, and to the injuries, loss, and damages complained 2 of, if there were any. 3 2. AS A SECOND AFFIRMATIVE DEFENSE to the Complaint and each 4 alleged Cause of Action thereof, this answering defendant alleges that the injuries and 5 damages complained of by Plaintiff, if there were any, were either wholly or in part 6 directly and proximately caused by the negligence of persons or entities other than this 7 answering defendant, and said negligence comparatively reduces the proportion of 8 negligence and corresponding liability of this answering defendant. 9 3. AS A THIRD AFFIRMATIVE DEFENSE to the Complaint and each alleged 10 Cause of Action thereof, this answering defendant alleges that said Complaint fails to 11 state facts sufficient to constitute a cause of action against this answering defendant or 12 at all. 13 4. AS A FOURTH AFFIRMATIVE DEFENSE to the Complaint and each 14 alleged Cause of Action thereof, this answering defendant alleges that the injuries, loss 15 and damages complained of, if there were any, were increased by the failure of Plaintiff 16 to use reasonable diligence to mitigate them. 17 5. AS A FIFTH AFFIRMATIVE DEFENSE to the Complaint and each alleged 18 Cause of Action thereof, this answering defendant alleges that ifliability is assessed 19 against him, pursuant to Civil Code Section 1431 et seq., this answering defendant shall 20 be liable only for the amount of non-economic damages allocated to him in direct 21 proportion to the percentage of fault assessed against him by the trier of fact and 22 requests that a separate judgment be rendered against him for that amount. 23 6. AS A SIXTH AFFIRMATIVE DEFENSE to the Complaint and each alleged 24 Cause of Action thereof, this answering defendant alleges that the Complaint and each 25 Cause of Action alleged therein is barred by California Code of Civil Procedure §335.1 26 and/or the applicable statute of limitations, including, but not limited to, California Code of 27 Civil Procedure §§337, 337.1, 337.15, 338, 339, 340.3 and 343. 28 \\\ -2- _______________________________________ Answer to Unverified Complaint 1 7. AS A SEVENTH AFFIRMATIVE DEFENSE to the Complaint and each 2 alleged Cause of Action thereof, this answering defendant alleges that Plaintiff knew, or 3 in the exercise of reasonable care should have known, of the risk and hazards involved 4 in the undertaking in which he engaged, but nevertheless and with full knowledge of 5 these things did fully and voluntarily consent to assume the risk and hazards involved in 6 this undertaking, thereby assuming all risks of any injuries and damages, if any, referred 7 to in the Complaint. 8 8. AS AN EIGHTH AFFIRMATIVE DEFENSE to the Complaint and each 9 alleged Cause of Action, this answering defendant is informed and believes that at all 10 times mentioned herein Plaintiff was in the course and scope of his employment and 11 that Plaintiff's exclusive remedy lies within the workers’ compensation laws; or, in the 12 alternative, the injuries sustained by Plaintiff, if any, were caused or contributed to by the 13 carelessness, negligence or other fault of Plaintiff's employer and/or said employer’s 14 agents, servants or employees and that from any award made to Plaintiff this defendant 15 is entitled to a credit, set-off or reduction in damages in an amount in direct proportion to 16 said employer’s and/or said employer’s agents’, servants’ or employees’ percentage of 17 fault pursuant to the rule of Witt v. Jackson. 18 WHEREFORE, this answering defendant prays that Plaintiff takes nothing by 19 reason of his Complaint, that this answering defendant has judgment for his costs of suit 20 incurred herein, and for such other and further relief as the Court may deem proper. 21 22 Dated: May 15, 2020 TIZA SERRANO THOMPSON & ASSOCIATES 23 24 Greg T. Mino 25 Attorneys for Defendant Byrne C. Pedit 26 Electronic signature pursuant to Civil Code §1633.7(d). 27 28 -3- _______________________________________ Answer to Unverified Complaint 1 PROOF OF SERVICE 2 Szczepanski v. Pedit 3 Butte County Superior Court - Chico Case No. 20CV00876 4 I, the undersigned, declare that I am a resident of the United States; employed 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 6 9th Street, Sacramento, CA 95814. 7 On May 15, 2020, I served the within document(s), 8 ANSWER TO UNVERIFIED COMPLAINT 9 on the interested parties in this action as follows: 10 11 Attorney(s) for Plaintiff Raymond E. Szczepanski 12 Joseph Appel Appel Law Firm, LLP 13 100 Pringle Avenue, Suite 730 Walnut Creek, CA 94596 14 Email: jappel@appellawyer.com 15 16 [ X ] ONLY BY ELECTRONIC SUBMISSION - Pursuant to the California Rules of Court, Appendix 1, Emergency Rule 12, approved by the Judicial Council, I served a true copy of the 17 aforementioned document(s) via electronic mail on the parties in said action by transmitting by e-mail to the e-mail addresses as set forth above on this date before 5:00 p.m. No electronic 18 message or other indication that the transmission was unsuccessful was received within a reasonable time after the submission. 19 20 I declare under penalty of perjury under the laws of the State of California that the above is true and correct, and that this declaration was executed on May 15, 21 2020, at Sacramento, California. 22 23 Elisabeth Stilwell 24 25 26 27 28 -1- _____________________________________ Proof of Service