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MICHAEL G. JONES, No. 150836 E-FILED
LAW OFFICES OF SHAHIN KARIM 10/7/2020 9:26 AM
Superior Court of California
2520 Venture Oaks Way, Suite 140
County of Fresno
Sacramento, Califomia 95833
By: M. Sanchez, Deputy
Tel: (916) 925-3275
Fax: (916) 925-3234
Attomeys for Defendants/Cross-C omplainants/Cross-D efendants,
DENNIE L. TURNER II AND MEGAN V. TURNER
SUPERIOR COURT OF CALIFORNIA
COUNTY OF FRESNO
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11 ANTHONY ANDERSON, Case No. 19CECG01542
Assigned for all purposes to:
12 Plaintiff, Judge Kimberly Gaab
13 Dept.
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15 vs. DENNIE L. TURNER II AND
16 MEGAN V. TURNER’S ANSWER TO
DENNIE L. TURNER II, MEGAN V. COMPLAINT IN INTERVENTION
17 TURNER AND DOES 1 TO 12 OF LIBERTY MUTUAL
INSURANCE COMPANY
18 Defendants.
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NOW Defendant, DENNIE L. TURNER II AND MEGAN V. TURNER, in answer to
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the Complaint in Intervention on file herein, by INTERENVOR, LIBERTY MUTUAL
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INSURANCE COMPANY admits, denies and alleges as follows:
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Under the provisions of California Code of Civil Procedure Section 431.30, these
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answering Defendants generally and specifically deny each and every allegation contained in
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said Complaint, and the whole thereof, and each and every alleged cause of action thereof and
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deny that Plaintiff sustained damages in the sum or sums alleged, or in any other sum or sums, or
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at all, by reason of any act, breach or omission on the part of these answering Defendants.
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ANSWER TO COMPLAINT
FIRST AFFIRMATIVE DEFENSE
These answering Defendants are informed and believe and thereon allege that at all times
mentioned here in that the negligent, careless, reckless and unlawful conduct of Plaintiff
contributed to the alleged injuries and damages and said negligence and/or fault of Plaintiff
reduces any recovery otherwise available to Plaintiff.
SECOND AFFIRMATIVE DEFENSE
These answering Defendants are informed and believe and thereon allege that at all times
mentioned herein , that if Plaintiff suffered or sustained any loss, damage or injury as alleged in
the Complaint, the loss, damage or injury was proximately caused or contributed to by the
10 actions of Plaintiff, or concurrent tortfeasors, persons, entities, named or unnamed, and that the
11 actions or omissions to act, if any, of these answering Defendants are imputed to, and/or should
12 be indemnified by said named or unnamed tortfeasors.
13 THIRD AFFIRMATIVE DEFENSE
14 These answering Defendants are informed and believe and thereon allege that at all times
15 mentioned herein, that if Plaintiff suffered or sustained any loss, damage or injury as alleged in
16 the Complaint, the loss, damage or injury was proximately caused or contributed to by the
17 actions of Plaintiff or other Defendants, persons, entities, named or unnamed, and that said
18 actions were an intervening and superseding cause of the loss, damage and injury of which
19 Plaintiff complains.
20 FOURTH AFFIRMATIVE DEFENSE
21 These answering Defendants are informed and believe and thereon allege that in the
22 event Plaintiff should establish any liability on the part of these answering Defendants, which
23 liability is expressly denied, that these answering Defendants may not be obligated to pay sums
24 representing a proportion or percentage of fault not their own, but that of Plaintiff, other parties
25 to this action and third persons not parties to this action. Therefore, Defendants are entitled to an
26 adjudication and determination of the respective proportions or percentages of fault, if any, on
27 these answering Defendants’ part, on the part of Plaintiff, other parties to this action and third
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ANSWER TO COMPLAINT
person not party to this action pursuant to the Doctrines of Comparative Negligence and the Fair
Responsibility Act of 1986, codified in California Civil Code Sections 1431-1431.5.
FIFTH AFFIRMATIVE DEFENSE
Defendants are informed and believe and thereupon alleges, that plaintiff was in the
course and scope of employment at the time of the subject accident the alleged injuries and
damages, if any, were caused, in whole or in part, by the fault, including negligence, of plaintiff's
employer, its agents and employees, and each of them, and that any damages should be reduced
by the amount of workers' compensation benefits paid or payable to plaintiff by said employer or
its workers' compensation carrier on behalf of said employer.
10 SIXTH AFFIRMATIVE DEFENSE
11 Plaintiff has failed to make any reasonable effort to mitigate his damages, if any, in
12 whole or in part.
13 WHEREFORE, these answering Defendants pray as follows:
14 1 That Plaintiff takes nothing by reason of its Complaint in Intervention herein;
15 2 That these answering Defendants be awarded their costs of suit incurred herein;
16 3 For such other and further relief as the Court deems just and proper.
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18 DATED: October 7, 2020 LAW OFFICES OF SHAHIN KARIM
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By: Se oO
21 MICHAEL G. JO
Attomeys for Defendants/Cross-
22 Complainants/Cross- Defendants
23 DENNIE L. TURNER II AND MEGAN V.
TURNER
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ANSWER TO COMPLAINT
PROOF OF SERVICE
[1013(a)(1)&(3) CCP (Rev.1/98)|
ANDERSON V. TURNER
Superior Court, Fresno County, Case Number: 19CECG01542
Judge: Kimberly Gaab, Dept.
I, the undersigned, declare that: I am over the age of 18 years and not a party to the within
action. I am employed in the County of Sacramento, State of California, where the within
mailing or other method of service occurs, and my business address is 2520 Venture Oaks Way,
Suite 140, Sacramento, California 958.
On the date listed below, I served the foregoing document described DENNIE L. TURNER II
AND MEGAN V. TURNER’S ANSWER TO COMPLAINT on the interested parties listed
below:
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Ovidio Oviedo, Jr. Victoria R. Bernhardt
11 OVIEDO LAW GROUP, INC. McCormick BARSTOW, LLP
401 Clovis Avenue, Suite 208 7647 N. Fresno Street
12 Clovis, CA 93612 Fresno, CA 93720
13 Phone: 559-226-6200 Phone: 559-433-1300
Fax: 559-432-5543 Fax: 559-433-2300
14 jro@oviedolawgroup.com Victoria.bernhardt@mccormickbarstow.com
15 Attorneys for Plaintiff, ANTHONY ANDERSON Attorneys for Defendant/Cross-Complainant/Cross-
Defendant,KAELEEANN McNEEL
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Daniel W. Dawson.
17 The Law Offices of Daniel W. Dawson
A Professional Corporation
18 7450 N. Palm Avenue, Ste. 201
Fresno, CA 93711
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20 Phone: (559) 408-7141
Fax: (559) 4008-7145
21 dan@ddawsonlaw.com
kasie@ddawsonlaw.com
22 Attorneys for Intervenor, LIBERTY INSURANCE
COMPANY
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24 Xk] U.S. MAIL, by placing a true copy thereof in a separate sealed envelope for each addressee
25 named above, addressed to each such addressee, respectively, and I then sealed each envelope
and, with the postage thereon fully prepaid, placed it for mailing and deposit in the United States
26 Postal Service in accordance with our business' practices. I am readily familiar with our business
practice for collection and processing of correspondence for mailing with the United States
27 Postal Service; and that the correspondence shall be deposited with the United States Postal
28 Service this same day in the ordinary course of business.
&] BY ELECTRONIC TRANSMISSION. I caused a true copy of the foregoing document(s)
to be transmitted by email to each of the parties designated herein and as last given by that
person on any document which he or she has filed in this action and served upon this office
During the Coronavirus (Covid-19) pandemic, this office will be working remotely, not able to
send physical mail as usual, and is therefore using electronic mail. No electronic message or
other indication that the transmission was unsuccessful was received within a reasonable time’
after the transmission.
Executed at Sacramento, California on October 7, 2020. I declare under penalty of perjury under
the laws of the State of Califomia that the foregoing is true and correct.
a ss
ee
10 Patty Paniagua
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Electronically signed pursuant to Civil Code
12 §1633.7(d) which states: “If the law requires a
signature, an electronic signature satisfies the law.
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