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MICHAEL R. BARRETTE (SBN 89017) Supar' Baud bf Summit
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KIMBERLY A. CASTILLO Count! of Bum
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LAW OFFICE OF MICHAEL R. BARRETTE 8/13/2020
1168 Live Oak Blvd.
Yuba City, CA 95991
(530) 674-5996 ——
Telephone
(530) 674-7886 — Facsimile
mbarrettelaw@va/200. com
W
kacastillolaw®gmail com
Attorney for Defendants RANDY SHAULIS and
EVELYN SHAULIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF BUTTE
DELMAN DOUGLAS SHAULIS, III, CASE NO. 20CV01021
Plaintiff, DEFENDANTS RANDY SHAULIS’S
vs. AND EVELYN SHAULIS’S GENERAL
DENIAL OF THE COMPLAINT
RANDY SHAULIS; EVELYN SHAULIS;
and DOES 1-10, Complaint Filed: 05/15/2020
Defendants.
1. Defendants, RANDY SHAULIS and EVELYN SHAULIS, generally deny each
and every allegation stated in the COMPLAINT of DELMAN DOUGLAS SHAULIS, III;
2. Defendants, RANDY SHAULIS and EVELYN SHAULIS, state the following
facts as separate afrmative defenses to Plaintiffs’ COMPLAINT:
///
///
LAW OFFICES OF GENERAL DENIAL
MICHAEL R. BARRETTE TO COMPLAINT
FIRST AFFIRMATIVE DEFENSE
The COMPLAINT, and each purported cause of action therein, fails to state facts
sufcient to constitute a cause of action against these answering Defendants.
SECOND AFFIRMATIVE DEFENSE
As and for a further, separate, and distinct answer and defense to the COMPLAINT, and
the whole thereof, these answering Defendants allege the COMPLAINT, and each purported
cause of action therein, is barred, in whole or in part, by the applicable statutes of limitation,
including but not limited to, Cal. Code Civil Proc. §§ 335.1, 337, 338, 339, 340 and 343.
THIRD AFFIRMATIVE DEFENSE
As and for a further, separate, and distinct answer and defense to the COMPLAINT, and
the whole thereof, these answering Defendants allege the COMPLAINT, and each purported
cause of action therein, is barred, in whole or in part, because Plaintiff has waived the right to
pursue the claims in the COMPLAINT by reason of their own conduct and actions.
FOURTH AFFIRMATIVE DEFENSE
As and for a further, separate, and distinct answer and defense to the COMPLAINT, and
the whole thereof, these answering Defendants allege the COMPLAINT, and each purported
cause of action therein, is barred, in whole or in part, because Plaintiff is estopped from
asserting the claims because of his own conduct.
FIFTH AFFIRMATIVE DEFENSE
As and for a further, separate, and distinct answer and defense to the COMPLAINT, and
the whole thereof, these answering Defendants allege the COMPLAINT, and each purported
cause of action therein, is barred, in whole or in part, because Plaintiff consented to the conduct
which is the subject of his COMPLAINT.
SIXTH AFFIRMATIVE DEFENSE
As and for a further, separate, and distinct answer and defense to the COMPLAINT, and
the whole thereof, these answering Defendants allege the COMPLAINT, and each purported
cause of action therein, is barred, in whole or in part, by the doctrine of laches.
LAW OFFICES OF GENERAL DENIAL
MICHAEL R. BARRETTE TO COMPLAINT
SEVENTH AFFIRMATIVE DEFENSE
As and for a thher, separate, and distinct answer and defense to the COMPLAINT, and
the whole thereof, these answering Defendants allege the COMPLAINT, and each purported
cause of action therein, is barred, in whole or in part, due to an accord and satisfaction.
EIGHTH AFFIRMATIVE DEFENSE
As and for a further, separate, and distinct answer and defense to the COMPLAINT, and
the whole thereof, these answering Defendants allege the COMPLAINT, and each purported
cause of action therein, is barred, in whole or in part, because of a novation.
NINNTH AFFIRMATIVE DEFENSE
As and for a further, separate, and distinct answer and defense to the COMPLAINT, and
the whole thereof, these answering Defendants allege the COMPLAINT, and each purported
cause of action therein, is barred, in whole or in part, by the doctrine of unclean hands.
TENTH AFFIRMATIVE DEFENSE
As and for a further, separate, and distinct answer and defense to the COMPLAINT, and
the whole thereof, these answering Defendants allege the COMPLAINT, and each purported
cause of action therein, is barred, in whole or in part, because any recovery would result in the
Plaintiff’s unjust enrichment.
ELEVENTH AFFIRMATIVE DEFENSE
As and for a further, separate, and distinct answer and defense to the COMPLAINT, and
the whole thereof, these answering Defendants allege the COMPLAINT, and each purported
cause of action therein, is barred, in whole or in part, because Plaintiff caused or contributed to
his own loss, injury, damage or detriment, if any, by his own actions and omissions, and thus
their recovery from Defendant, if any, should be reduced in proportion to their own negligence
or fault.
TWELFTH AFFIRMATIVE DEFENSE
As and for a further, separate, and distinct answer and defense to the COMPLAINT, and
the whole thereof, these answering Defendants allege the COMPLAINT is barred to the extent
LAW OFFICES OF GENERAL DENIAL
MICHAEL R. BARRETTE TO COMPLAINT
Plaintiff failed to perform his duties or failed to use ordinary care in the performance of such
duties.
THIRTEENTH AFFIRMATIVE DEFENSE
As and for a further, separate, and distinct answer and defense t0 the COMPLAINT, and
the whole thereof, these answering Defendants allege the Plaintiff has failed to reasonably
mitigate his alleged damages.
FOURTEENTH AFFIRMATIVE DEFENSE
As and for a further, separate, and distinct answer and defense to the COMPLAINT, and
the whole thereof, these answering Defendants allege the Plaintiffs alleged damages are due to
negligent or willful acts by persons other than answering Defendant.
FIFTTEENTH AFFIRMATIVE DEFENSE
As and for a further, separate, and distinct answer and defense to the COMPLAINT, and
the whole thereof, these answering Defendants allege the Plaintiff’s claims are subject to offset,
set—off and/or recoupment by Virtue of payments or credits that Defendant has already made or
are owed to Defendants by Plaintiff.
SIXTEENTH AFFIRMATIVE DEFENSE
As and for a further, separate, and distinct answer and defense to the COMPLAINT, and
the whole thereof, these answering Defendants allege the Plaintiff’s claims are barred by the
statute of frauds and / or parol evidence rule as an attempt to orally modify a written contract
intended by the parties to be an integrated writing.
SEVENTEENTH AFFIRMATIVE DEFENSE
As and for a further, separate, and distinct answer and defense to plaintiff s complaint,
and the Whole thereof, this answering defendant alleges that the complaint, and each alleged
cause of action thereof, fails to state facts sufcient to support an award of attorney's fees, costs
and expenses against this answering defendant.
///
///
LAW OFFICES 0F GENERAL DENIAL
MICHAEL R. BARRETTE To COMPLAINT
EIGHTEENTH AFFIRMATIVE DEFENSE
Defendants reserve the right t0 rely upon such other and further afrmative defenses as
may be supported by the facts to be determined through full and complete discovery.
WHEREFORE, Defendants pray for judgment as follows:
NNNNNNNNNr—Ah—ab—ar—at—Ay—nr—Ar—dr—AH
l. The Plaintiff takes nothing by his action;
2. The COMPLAINT be dismissed in its entirety;
3. That judgment be entered in favor of Defendants;
4. That Defendants be awarded its reasonable fees and costs;
5. For such other and furthers relief as the Court may deem just and proper.
DATED: August 4L, 2020
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KIMBERL)’ A. CASTILLO, Attorney for
Defendants RANDY SHAULIS and EVELYN
SHAULIS
LAW OFFICES OF GENERAL DENIAL
MICHAEL R. BARRETTE TO COMPLAINT
PROOF 0F SERVICE - C.C.P. 1013a, 2015.5
I declare that I am employed in the County of Sutter, State of California. I am over the age of
eighteen and not a party to the within entitled cause; my business address is 1168 Live Oak Blvd, Yuba
City, CA 95991. On AUGUSTQ, 2020, I served the following document(s)/item(s):
1. CASE MANAGEMENT STATEMENT FOR JULY 2, 20202
on the parties listed below:
MARK JOHNSON
Attorney at Law
2531 Forest Ave., Suite 100
Chico, CA 95928
By:
(OVERNIGHT DELIVERY-UPS) deposited in a box or other facility regularly maintained
by the express service carrier, or delivered to an authorized courier or driver authorized by the express
service carrier to receive documents, in an envelope or package designated by the express service
carrier with deliver fees paid or provided for, addressed to the person on whom it is to be served, at the
ofce address as last given by that person on any document led in the cause and served on the party
making service.
X (U.S. MAIL) on the parties in this action at the address(es) listed above by placing a copy
thereof in a sealed envelope with postage fully prepaid and depositing with the U.S. Postal Service in
the designated area for outgoing mail. I am familiar with the procedures of this ofce for processing
mail.
(PERSONAL DELIVERY) on the parties in this action by causing a true copy thereof to be
delivered by hand to the addressee(s) listed above.
(ELECTRONIC SERVICE) service by e-mail to the e—mail address shown above.
I declare under penalty of perj ury under the laws of the State of California that the foregoing is
true and correct to the best of my knowledge.
California.
Executed ,
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2020 at Yuba City,
(BIL/A71 r
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KCHAIII} TOMSI ,LegalAssistantto
MICHAEL RRETTE
LAW OFFICES OF GENERAL DENIAL
MICHAEL R. BARRETTE TO COMPLAINT
Preview
g E MICHAEL R. BARRETTE (SBN 89017) Supar' Baud bf Summit F KIMBERLY A. CASTILLO Count! of Bum I LAW OFFICE OF MICHAEL R. BARRETTE 8/13/2020 1168 Live Oak Blvd. Yuba City, CA 95991 (530) 674-5996 —— Telephone (530) 674-7886 — Facsimile mbarrettelaw@va/200. com W kacastillolaw®gmail com Attorney for Defendants RANDY SHAULIS and EVELYN SHAULIS SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF BUTTE DELMAN DOUGLAS SHAULIS, III, CASE NO. 20CV01021 Plaintiff, DEFENDANTS RANDY SHAULIS’S vs. AND EVELYN SHAULIS’S GENERAL DENIAL OF THE COMPLAINT RANDY SHAULIS; EVELYN SHAULIS; and DOES 1-10, Complaint Filed: 05/15/2020 Defendants. 1. Defendants, RANDY SHAULIS and EVELYN SHAULIS, generally deny each and every allegation stated in the COMPLAINT of DELMAN DOUGLAS SHAULIS, III; 2. Defendants, RANDY SHAULIS and EVELYN SHAULIS, state the following facts as separate afrmative defenses to Plaintiffs’ COMPLAINT: /// /// LAW OFFICES OF GENERAL DENIAL MICHAEL R. BARRETTE TO COMPLAINT FIRST AFFIRMATIVE DEFENSE The COMPLAINT, and each purported cause of action therein, fails to state facts sufcient to constitute a cause of action against these answering Defendants. SECOND AFFIRMATIVE DEFENSE As and for a further, separate, and distinct answer and defense to the COMPLAINT, and the whole thereof, these answering Defendants allege the COMPLAINT, and each purported cause of action therein, is barred, in whole or in part, by the applicable statutes of limitation, including but not limited to, Cal. Code Civil Proc. §§ 335.1, 337, 338, 339, 340 and 343. THIRD AFFIRMATIVE DEFENSE As and for a further, separate, and distinct answer and defense to the COMPLAINT, and the whole thereof, these answering Defendants allege the COMPLAINT, and each purported cause of action therein, is barred, in whole or in part, because Plaintiff has waived the right to pursue the claims in the COMPLAINT by reason of their own conduct and actions. FOURTH AFFIRMATIVE DEFENSE As and for a further, separate, and distinct answer and defense to the COMPLAINT, and the whole thereof, these answering Defendants allege the COMPLAINT, and each purported cause of action therein, is barred, in whole or in part, because Plaintiff is estopped from asserting the claims because of his own conduct. FIFTH AFFIRMATIVE DEFENSE As and for a further, separate, and distinct answer and defense to the COMPLAINT, and the whole thereof, these answering Defendants allege the COMPLAINT, and each purported cause of action therein, is barred, in whole or in part, because Plaintiff consented to the conduct which is the subject of his COMPLAINT. SIXTH AFFIRMATIVE DEFENSE As and for a further, separate, and distinct answer and defense to the COMPLAINT, and the whole thereof, these answering Defendants allege the COMPLAINT, and each purported cause of action therein, is barred, in whole or in part, by the doctrine of laches. LAW OFFICES OF GENERAL DENIAL MICHAEL R. BARRETTE TO COMPLAINT SEVENTH AFFIRMATIVE DEFENSE As and for a thher, separate, and distinct answer and defense to the COMPLAINT, and the whole thereof, these answering Defendants allege the COMPLAINT, and each purported cause of action therein, is barred, in whole or in part, due to an accord and satisfaction. EIGHTH AFFIRMATIVE DEFENSE As and for a further, separate, and distinct answer and defense to the COMPLAINT, and the whole thereof, these answering Defendants allege the COMPLAINT, and each purported cause of action therein, is barred, in whole or in part, because of a novation. NINNTH AFFIRMATIVE DEFENSE As and for a further, separate, and distinct answer and defense to the COMPLAINT, and the whole thereof, these answering Defendants allege the COMPLAINT, and each purported cause of action therein, is barred, in whole or in part, by the doctrine of unclean hands. TENTH AFFIRMATIVE DEFENSE As and for a further, separate, and distinct answer and defense to the COMPLAINT, and the whole thereof, these answering Defendants allege the COMPLAINT, and each purported cause of action therein, is barred, in whole or in part, because any recovery would result in the Plaintiff’s unjust enrichment. ELEVENTH AFFIRMATIVE DEFENSE As and for a further, separate, and distinct answer and defense to the COMPLAINT, and the whole thereof, these answering Defendants allege the COMPLAINT, and each purported cause of action therein, is barred, in whole or in part, because Plaintiff caused or contributed to his own loss, injury, damage or detriment, if any, by his own actions and omissions, and thus their recovery from Defendant, if any, should be reduced in proportion to their own negligence or fault. TWELFTH AFFIRMATIVE DEFENSE As and for a further, separate, and distinct answer and defense to the COMPLAINT, and the whole thereof, these answering Defendants allege the COMPLAINT is barred to the extent LAW OFFICES OF GENERAL DENIAL MICHAEL R. BARRETTE TO COMPLAINT Plaintiff failed to perform his duties or failed to use ordinary care in the performance of such duties. THIRTEENTH AFFIRMATIVE DEFENSE As and for a further, separate, and distinct answer and defense t0 the COMPLAINT, and the whole thereof, these answering Defendants allege the Plaintiff has failed to reasonably mitigate his alleged damages. FOURTEENTH AFFIRMATIVE DEFENSE As and for a further, separate, and distinct answer and defense to the COMPLAINT, and the whole thereof, these answering Defendants allege the Plaintiffs alleged damages are due to negligent or willful acts by persons other than answering Defendant. FIFTTEENTH AFFIRMATIVE DEFENSE As and for a further, separate, and distinct answer and defense to the COMPLAINT, and the whole thereof, these answering Defendants allege the Plaintiff’s claims are subject to offset, set—off and/or recoupment by Virtue of payments or credits that Defendant has already made or are owed to Defendants by Plaintiff. SIXTEENTH AFFIRMATIVE DEFENSE As and for a further, separate, and distinct answer and defense to the COMPLAINT, and the whole thereof, these answering Defendants allege the Plaintiff’s claims are barred by the statute of frauds and / or parol evidence rule as an attempt to orally modify a written contract intended by the parties to be an integrated writing. SEVENTEENTH AFFIRMATIVE DEFENSE As and for a further, separate, and distinct answer and defense to plaintiff s complaint, and the Whole thereof, this answering defendant alleges that the complaint, and each alleged cause of action thereof, fails to state facts sufcient to support an award of attorney's fees, costs and expenses against this answering defendant. /// /// LAW OFFICES 0F GENERAL DENIAL MICHAEL R. BARRETTE To COMPLAINT EIGHTEENTH AFFIRMATIVE DEFENSE Defendants reserve the right t0 rely upon such other and further afrmative defenses as may be supported by the facts to be determined through full and complete discovery. WHEREFORE, Defendants pray for judgment as follows: NNNNNNNNNr—Ah—ab—ar—at—Ay—nr—Ar—dr—AH l. The Plaintiff takes nothing by his action; 2. The COMPLAINT be dismissed in its entirety; 3. That judgment be entered in favor of Defendants; 4. That Defendants be awarded its reasonable fees and costs; 5. For such other and furthers relief as the Court may deem just and proper. DATED: August 4L, 2020 \ F‘“\\ \ \\\: MM”! jI / /«W\ /i/B f KIMBERL)’ A. CASTILLO, Attorney for Defendants RANDY SHAULIS and EVELYN SHAULIS LAW OFFICES OF GENERAL DENIAL MICHAEL R. BARRETTE TO COMPLAINT PROOF 0F SERVICE - C.C.P. 1013a, 2015.5 I declare that I am employed in the County of Sutter, State of California. I am over the age of eighteen and not a party to the within entitled cause; my business address is 1168 Live Oak Blvd, Yuba City, CA 95991. On AUGUSTQ, 2020, I served the following document(s)/item(s): 1. CASE MANAGEMENT STATEMENT FOR JULY 2, 20202 on the parties listed below: MARK JOHNSON Attorney at Law 2531 Forest Ave., Suite 100 Chico, CA 95928 By: (OVERNIGHT DELIVERY-UPS) deposited in a box or other facility regularly maintained by the express service carrier, or delivered to an authorized courier or driver authorized by the express service carrier to receive documents, in an envelope or package designated by the express service carrier with deliver fees paid or provided for, addressed to the person on whom it is to be served, at the ofce address as last given by that person on any document led in the cause and served on the party making service. X (U.S. MAIL) on the parties in this action at the address(es) listed above by placing a copy thereof in a sealed envelope with postage fully prepaid and depositing with the U.S. Postal Service in the designated area for outgoing mail. I am familiar with the procedures of this ofce for processing mail. (PERSONAL DELIVERY) on the parties in this action by causing a true copy thereof to be delivered by hand to the addressee(s) listed above. (ELECTRONIC SERVICE) service by e-mail to the e—mail address shown above. I declare under penalty of perj ury under the laws of the State of California that the foregoing is true and correct to the best of my knowledge. California. Executed , / T ,i 2020 at Yuba City, (BIL/A71 r "/ z KCHAIII} TOMSI ,LegalAssistantto MICHAEL RRETTE LAW OFFICES OF GENERAL DENIAL MICHAEL R. BARRETTE TO COMPLAINT