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1 CHANNONE M. SHELLER, ESQ. (SBN 249744)
TIZA SERRANO THOMPSON & ASSOCIATES
2 Employees of the Law Department
State Farm Mutual Automobile Insurance Company 6/26/2020
3 980 9th Street, Suite 2250
Sacramento, CA 95814
4 Telephone: (916) 561-2780
Facsimile: (855) 886-5559
5 Email: channone.sheller@statefarm.com
6 Attorneys for Defendant
Constance Clark
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF BUTTE / UNLIMITED JURISDICTION
10
11 SHAUNNA MACDONALD, NO. 20CV00786
12 Plaintiff, ANSWER TO UNVERIFIED
COMPLAINT
13 v.
14 CONSTANCE CLARK, AND DOES 1
TO 25,
15
Defendants.
16
17 Defendant, CONSTANCE CLARK, in answer to the Unverified Complaint filed by
18 Plaintiff, SHAUNNA MACDONALD, 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 happening of the incident in question, and to the injuries, loss, and damages complained
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_______________________________________
Answer to Unverified Complaint
1 of, if there were any.
2 2. AS A SECOND AFFIRMATIVE DEFENSE to the Complaint and each
3 alleged Cause of Action thereof, this answering defendant alleges that the injuries and
4 damages complained of by Plaintiff, if there were any, were either wholly or in part
5 directly and proximately caused by the negligence of persons or entities other than this
6 answering defendant, and said negligence comparatively reduces the proportion of
7 negligence and corresponding liability of this answering defendant.
8 3. AS A THIRD AFFIRMATIVE DEFENSE to the Complaint and each alleged
9 Cause of Action thereof, this answering defendant alleges that said Complaint fails to
10 state facts sufficient to constitute a cause of action against this answering defendant or
11 at all.
12 4. AS A FOURTH AFFIRMATIVE DEFENSE to the Complaint and each
13 alleged Cause of Action thereof, this answering defendant alleges that the injuries, loss
14 and damages complained of, if there were any, were increased by the failure of Plaintiff
15 to use reasonable diligence to mitigate them.
16 5. AS A FIFTH AFFIRMATIVE DEFENSE to the Complaint and each alleged
17 Cause of Action thereof, this answering defendant alleges that ifliability is assessed
18 against her, pursuant to Civil Code Section 1431 et seq., this answering defendant shall
19 be liable only for the amount of non-economic damages allocated to her in direct
20 proportion to the percentage of fault assessed against her by the trier of fact and
21 requests that a separate judgment be rendered against her for that amount.
22 6. AS A SIXTH AFFIRMATIVE DEFENSE to the Complaint and each alleged
23 Cause of Action thereof, this answering defendant alleges that the Complaint and each
24 Cause of Action alleged therein is barred by California Code of Civil Procedure §335.1
25 and/or the applicable statute of limitations, including, but not limited to, California Code of
26 Civil Procedure §§337, 337.1, 337.15, 338, 339, 340.3 and 343.
27 7. AS A SEVENTH AFFIRMATIVE DEFENSE to the Complaint and each
28 alleged Cause of Action thereof, this answering defendant alleges that Plaintiff knew, or
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_______________________________________
Answer to Unverified Complaint
1 in the exercise of reasonable care should have known, of the risk and hazards involved
2 in the undertaking in which she engaged, but nevertheless and with full knowledge of
3 these things did fully and voluntarily consent to assume the risk and hazards involved in
4 this undertaking, thereby assuming all risks of any injuries and damages, if any, referred
5 to in the Complaint.
6 8. AS AN EIGHTH AFFIRMATIVE DEFENSE to the Complaint and each
7 alleged Cause of Action, this answering defendant is informed and believes that at all
8 times mentioned herein Plaintiff was in the course and scope of her employment and
9 that Plaintiff's exclusive remedy lies within the workers’ compensation laws; or, in the
10 alternative, the injuries sustained by Plaintiff, if any, were caused or contributed to by the
11 carelessness, negligence or other fault of Plaintiff's employer and/or said employer’s
12 agents, servants or employees and that from any award made to Plaintiff this defendant
13 is entitled to a credit, set-off or reduction in damages in an amount in direct proportion to
14 said employer’s and/or said employer’s agents’, servants’ or employees’ percentage of
15 fault pursuant to the rule of Witt v. Jackson.
16 WHEREFORE, this answering defendant prays that Plaintiff takes nothing by
17 reason of her Complaint, that this answering defendant has judgment for her costs of suit
18 incurred herein, and for such other and further relief as the Court may deem proper.
19
20 Dated: June 26, 2020 TIZA SERRANO THOMPSON & ASSOCIATES
21
Channone M. Sheller
22 Attorneys for Defendant
23 Constance Clark
Electronic signature pursuant to Civil Code §1633.7(d).
24
25
26
27
28
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Answer to Unverified Complaint
1 PROOF OF SERVICE
2
MacDonald v. Clark
3 Butte County Superior Court - Chico Case No. 20CV00786
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 June 26, 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 Shaunna
MacDonald
12 Larry Buckley
Law Offices of Larry S. Buckley
13 1660 Humboldt Road, Suite 5
Chico, CA 95928
14
Email: Lbuckley@larrysbuckley.com
15 SPatterson@larrysbuckley.com
16
17 [ 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
18 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
19 message or other indication that the transmission was unsuccessful was received within a
reasonable time after the submission.
20
21 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 June 26,
22 2020, at Sacramento, California.
23
24
25
Shelley Shelton
26
27
28
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_____________________________________
Proof of Service
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1 CHANNONE M. SHELLER, ESQ. (SBN 249744) TIZA SERRANO THOMPSON & ASSOCIATES 2 Employees of the Law Department State Farm Mutual Automobile Insurance Company 6/26/2020 3 980 9th Street, Suite 2250 Sacramento, CA 95814 4 Telephone: (916) 561-2780 Facsimile: (855) 886-5559 5 Email: channone.sheller@statefarm.com 6 Attorneys for Defendant Constance Clark 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF BUTTE / UNLIMITED JURISDICTION 10 11 SHAUNNA MACDONALD, NO. 20CV00786 12 Plaintiff, ANSWER TO UNVERIFIED COMPLAINT 13 v. 14 CONSTANCE CLARK, AND DOES 1 TO 25, 15 Defendants. 16 17 Defendant, CONSTANCE CLARK, in answer to the Unverified Complaint filed by 18 Plaintiff, SHAUNNA MACDONALD, 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 happening of the incident in question, and to the injuries, loss, and damages complained -1- _______________________________________ Answer to Unverified Complaint 1 of, if there were any. 2 2. AS A SECOND AFFIRMATIVE DEFENSE to the Complaint and each 3 alleged Cause of Action thereof, this answering defendant alleges that the injuries and 4 damages complained of by Plaintiff, if there were any, were either wholly or in part 5 directly and proximately caused by the negligence of persons or entities other than this 6 answering defendant, and said negligence comparatively reduces the proportion of 7 negligence and corresponding liability of this answering defendant. 8 3. AS A THIRD AFFIRMATIVE DEFENSE to the Complaint and each alleged 9 Cause of Action thereof, this answering defendant alleges that said Complaint fails to 10 state facts sufficient to constitute a cause of action against this answering defendant or 11 at all. 12 4. AS A FOURTH AFFIRMATIVE DEFENSE to the Complaint and each 13 alleged Cause of Action thereof, this answering defendant alleges that the injuries, loss 14 and damages complained of, if there were any, were increased by the failure of Plaintiff 15 to use reasonable diligence to mitigate them. 16 5. AS A FIFTH AFFIRMATIVE DEFENSE to the Complaint and each alleged 17 Cause of Action thereof, this answering defendant alleges that ifliability is assessed 18 against her, pursuant to Civil Code Section 1431 et seq., this answering defendant shall 19 be liable only for the amount of non-economic damages allocated to her in direct 20 proportion to the percentage of fault assessed against her by the trier of fact and 21 requests that a separate judgment be rendered against her for that amount. 22 6. AS A SIXTH AFFIRMATIVE DEFENSE to the Complaint and each alleged 23 Cause of Action thereof, this answering defendant alleges that the Complaint and each 24 Cause of Action alleged therein is barred by California Code of Civil Procedure §335.1 25 and/or the applicable statute of limitations, including, but not limited to, California Code of 26 Civil Procedure §§337, 337.1, 337.15, 338, 339, 340.3 and 343. 27 7. AS A SEVENTH AFFIRMATIVE DEFENSE to the Complaint and each 28 alleged Cause of Action thereof, this answering defendant alleges that Plaintiff knew, or -2- _______________________________________ Answer to Unverified Complaint 1 in the exercise of reasonable care should have known, of the risk and hazards involved 2 in the undertaking in which she engaged, but nevertheless and with full knowledge of 3 these things did fully and voluntarily consent to assume the risk and hazards involved in 4 this undertaking, thereby assuming all risks of any injuries and damages, if any, referred 5 to in the Complaint. 6 8. AS AN EIGHTH AFFIRMATIVE DEFENSE to the Complaint and each 7 alleged Cause of Action, this answering defendant is informed and believes that at all 8 times mentioned herein Plaintiff was in the course and scope of her employment and 9 that Plaintiff's exclusive remedy lies within the workers’ compensation laws; or, in the 10 alternative, the injuries sustained by Plaintiff, if any, were caused or contributed to by the 11 carelessness, negligence or other fault of Plaintiff's employer and/or said employer’s 12 agents, servants or employees and that from any award made to Plaintiff this defendant 13 is entitled to a credit, set-off or reduction in damages in an amount in direct proportion to 14 said employer’s and/or said employer’s agents’, servants’ or employees’ percentage of 15 fault pursuant to the rule of Witt v. Jackson. 16 WHEREFORE, this answering defendant prays that Plaintiff takes nothing by 17 reason of her Complaint, that this answering defendant has judgment for her costs of suit 18 incurred herein, and for such other and further relief as the Court may deem proper. 19 20 Dated: June 26, 2020 TIZA SERRANO THOMPSON & ASSOCIATES 21 Channone M. Sheller 22 Attorneys for Defendant 23 Constance Clark Electronic signature pursuant to Civil Code §1633.7(d). 24 25 26 27 28 -3- _______________________________________ Answer to Unverified Complaint 1 PROOF OF SERVICE 2 MacDonald v. Clark 3 Butte County Superior Court - Chico Case No. 20CV00786 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 June 26, 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 Shaunna MacDonald 12 Larry Buckley Law Offices of Larry S. Buckley 13 1660 Humboldt Road, Suite 5 Chico, CA 95928 14 Email: Lbuckley@larrysbuckley.com 15 SPatterson@larrysbuckley.com 16 17 [ 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 18 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 19 message or other indication that the transmission was unsuccessful was received within a reasonable time after the submission. 20 21 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 June 26, 22 2020, at Sacramento, California. 23 24 25 Shelley Shelton 26 27 28 -1- _____________________________________ Proof of Service