Preview
ELECTRONICALLY FILED
Superior Court of Californi
JOEL C. BAIOCCHI,
OF JOEL
SBN
C.
107095
BAIOCCHI P Counts of California,
| LAW OFFICE BAGO
Post Office Box 67 a
Dutch Flat, California 95714 Fuentes, Deputy cer
530-389-9175 dy: Wanna Olivarez
&
Attorney for Defendant
&
Patricia Whitechat
vn
SA
SC
Co
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF PLACER
INC., dba DUARTE ) CASE NO. SCV 0044610
F & T INVESTMENTS,
CONSTRUCTION, )
)
ANSWER OF
5
Plaintiff, VERIFIED
PATRICIA D. WHITECHAT TO
) COMPLAINT OF F & T
) INVESTMENTS, INC., dba
v. CONSTRUCTION FOR
) DUARTE
DOES 1-10, ) FORECLOSURE OF
PATRICIA D. WHITECHAT; OF
) MECHANIC’S LIEN; BREACH
CONTRACT; ACCO UNT STAT ED
Defendants.
and QUANTUM MERUIT
ANSWER
Whitechat, by this verified answer, admits, denies, and alleges
Defendant Patricia D.
as follows:
the allegations of paragraphs 3. 4, 5. 6, 9 and 19 of the
1. Defendant admits
complaint.
the allegations of paragraphs 11, 12, 14, 15, 16,20, 21,22,
2. Defendant denies
24, 25, 26, 28, and 29 of the complaint.
0
VERIFIED ANSWER TO COMPLAINT
3. Paragraphs 8, 18, 23, and 27 are not in words, substance, or effect allegations
of fact, and on that basis, Defendant makes no admission or denial.
nN
to the allegations of paragraphs 1, 2,6, 7, and 17, defendant has no
4. Responding
ee
or belief as to such allegations, and on that basis, denies such allegations.
information
-~
5. Responding to the allegations of paragraph 10 of the complaint, Defendant
mn
that a true and correct copy of the contract between the parties isattached to the
admits
a
as Exhibit A, and further admits itwas executed on January 22, 2019. Defendant
complaint
st
of paragraph 10 to the extent itpurports to summarize the entirety of the
denies the balance
se
contract, and other agreements, between the parties and defendant’s insurer.
Responding to the allegations of paragraph 13 of the complaint, defendant
10 6.
plaintiff had provided $305,266.36 of labor and materials under the contract, and
BI denies that
plaintiff breached the contract through its unworkmanlike performance of
12 further alleges that
under the contract. Defendant denies all other allegations of paragraph 13.
13 itsobligations
14
AFFIRMATIVE DEFENSES
First Affirmative Defense: Failure to State Facts
16
7 Asa first,separate, and affirmative defense, defendant alleges that the
17
18 complaint failsto state facts sufficient to constitute a cause of action.
Second Affirmative Defense: Failure of Plaintiff's Performance
19
8. Asa second, separate, and affirmative defense, defendant alleges that
20
defendant’s further performance was excused by reason of plaintiff's failure to perform.
Third Affirmative Defense: Repudiation of Dependent Promise
9. Asa third, separate, and affirmative defense, defendant alleges that defendant's
further performance was justified by reason of plaintiff'sfailure to perform itsobligations
under the contract.
Fourth Affirmative Defense: Failure to Mitigate Damages
10. Asa fourth, separate, and affirmative defense, defendant alleges thatplaintiff
VERIFIED ANSWER TO COMPLAINT
has failed tomitigate its damages, ifany.
NM
Fifth Affirmative Defense: Justification & Privilege
ll. Asa fifth,separate, and affirmative defense, defendant alleges that defendant's
we
further performance was justified and privileged by reason of a common financial interest
&
between defendant and defendant's insurer.
a
Sixth Affirmative Defense: Untimely & Invalid Mechanics Lien
a
12. Asa sixth, separate, and affirmative defense, defendant alleges that plaintiff
recorded itsmechanics lien prior to the completion of work.
Seventh Affirmative Defense: Defective Mechanics Lien
13. Asasixth, separate, and affirmative defense, defendant alleges that plaintiff
10
il recorded itsmechanics lien prior to the completion of work.
12
13 WHEREFORE, defendant prays as follows:
L. For an judgment decreeing that plaintiffshall take nothing by its complaint,
For an order releasing the mechanic’s lien from defendant's property;
od
unr
vk
16 For attorneys’ fees and costs of suit;
ive)
17 4. For such other reliefas the Court deems just and proper.
18
19 DATED: June /Z, 2020 LAW OFFICE OF JOEL C. BAIOCCH]
26
27
28
2
VERIFIED ANSWER TO COMPLAINT
NY
WD VERIFICATION
I am the defendant inthis proceeding and have read this Answer. Ideclare under
FP
penalty of perjury under the laws of the State of California that the foregoing istrue and
HH
correct. This verification was executed on June!7 ,2020 atAuburn, California.
SIH
Srouref. Ubtyter
CSC
Patricia D. Whitechat
eo
Oe
he
OY
Be
Be
Be
NY
BRP
NB
ev
3
VERIFIED ANSWER TO COMPLAINT
PROOF OF SERVICE
| am employed in the County of Placer, State of California. I am over 18 years of
age and not a party to the within action. My business address is33355 Main Street,Dutch
Flat, California 95714.
On June __, 2020, Icaused to be served:
1. VERIFIED ANSWER OF PATRICIA D. WHITECHAT TO COMPLAINT OF
F & T INVESTMENTS, INC., dba DUARTE CONSTRUCTION FOR
Ms
FORECLOSURE OF MECHANIC’S LIEN; BREACH OF CONTRACT;
ACCOUNT STATED and QUANTUM MERUIT
CG
on the interested party(ies) in thisaction, addressed as follows:
SC
S. EDWARD SLABACH Attorney for Plaintiff
655 University Ave. Suite 150
Sacramento, CA 95825
BY MAIL: Iam readily familiar with the LAW OFFICE OF JOEL C. BAIOCCHI
practice forcollection and processing of correspondence for mailing with the United
States Postal Service (USPS). The correspondence indicated above would be deposited
with the USPS the same date as this declaration in the ordinary course of business. The
correspondence was placed for deposit with the USPS at the offices of LAW OFFICE
OF JOEL C. BAIOCCHI, 33350 Main Street, Dutch Flat, California. The envelope(s)
was/were sealed with postage fully prepaid on this date and placed for collection and
mailing following ordinary business practices and addressed as indicated above.
1 declare under penalty of perjury under the laws of the State of California that
the foregoing istrue and correct, and that this declaration was executed on June “7,
2020, at Dutch Flat, California.
4
VERIFIED ANSWER TO COMPLAINT
Preview
ELECTRONICALLY FILED Superior Court of Californi JOEL C. BAIOCCHI, OF JOEL SBN C. 107095 BAIOCCHI P Counts of California, | LAW OFFICE BAGO Post Office Box 67 a Dutch Flat, California 95714 Fuentes, Deputy cer 530-389-9175 dy: Wanna Olivarez & Attorney for Defendant & Patricia Whitechat vn SA SC Co SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER INC., dba DUARTE ) CASE NO. SCV 0044610 F & T INVESTMENTS, CONSTRUCTION, ) ) ANSWER OF 5 Plaintiff, VERIFIED PATRICIA D. WHITECHAT TO ) COMPLAINT OF F & T ) INVESTMENTS, INC., dba v. CONSTRUCTION FOR ) DUARTE DOES 1-10, ) FORECLOSURE OF PATRICIA D. WHITECHAT; OF ) MECHANIC’S LIEN; BREACH CONTRACT; ACCO UNT STAT ED Defendants. and QUANTUM MERUIT ANSWER Whitechat, by this verified answer, admits, denies, and alleges Defendant Patricia D. as follows: the allegations of paragraphs 3. 4, 5. 6, 9 and 19 of the 1. Defendant admits complaint. the allegations of paragraphs 11, 12, 14, 15, 16,20, 21,22, 2. Defendant denies 24, 25, 26, 28, and 29 of the complaint. 0 VERIFIED ANSWER TO COMPLAINT 3. Paragraphs 8, 18, 23, and 27 are not in words, substance, or effect allegations of fact, and on that basis, Defendant makes no admission or denial. nN to the allegations of paragraphs 1, 2,6, 7, and 17, defendant has no 4. Responding ee or belief as to such allegations, and on that basis, denies such allegations. information -~ 5. Responding to the allegations of paragraph 10 of the complaint, Defendant mn that a true and correct copy of the contract between the parties isattached to the admits a as Exhibit A, and further admits itwas executed on January 22, 2019. Defendant complaint st of paragraph 10 to the extent itpurports to summarize the entirety of the denies the balance se contract, and other agreements, between the parties and defendant’s insurer. Responding to the allegations of paragraph 13 of the complaint, defendant 10 6. plaintiff had provided $305,266.36 of labor and materials under the contract, and BI denies that plaintiff breached the contract through its unworkmanlike performance of 12 further alleges that under the contract. Defendant denies all other allegations of paragraph 13. 13 itsobligations 14 AFFIRMATIVE DEFENSES First Affirmative Defense: Failure to State Facts 16 7 Asa first,separate, and affirmative defense, defendant alleges that the 17 18 complaint failsto state facts sufficient to constitute a cause of action. Second Affirmative Defense: Failure of Plaintiff's Performance 19 8. Asa second, separate, and affirmative defense, defendant alleges that 20 defendant’s further performance was excused by reason of plaintiff's failure to perform. Third Affirmative Defense: Repudiation of Dependent Promise 9. Asa third, separate, and affirmative defense, defendant alleges that defendant's further performance was justified by reason of plaintiff'sfailure to perform itsobligations under the contract. Fourth Affirmative Defense: Failure to Mitigate Damages 10. Asa fourth, separate, and affirmative defense, defendant alleges thatplaintiff VERIFIED ANSWER TO COMPLAINT has failed tomitigate its damages, ifany. NM Fifth Affirmative Defense: Justification & Privilege ll. Asa fifth,separate, and affirmative defense, defendant alleges that defendant's we further performance was justified and privileged by reason of a common financial interest & between defendant and defendant's insurer. a Sixth Affirmative Defense: Untimely & Invalid Mechanics Lien a 12. Asa sixth, separate, and affirmative defense, defendant alleges that plaintiff recorded itsmechanics lien prior to the completion of work. Seventh Affirmative Defense: Defective Mechanics Lien 13. Asasixth, separate, and affirmative defense, defendant alleges that plaintiff 10 il recorded itsmechanics lien prior to the completion of work. 12 13 WHEREFORE, defendant prays as follows: L. For an judgment decreeing that plaintiffshall take nothing by its complaint, For an order releasing the mechanic’s lien from defendant's property; od unr vk 16 For attorneys’ fees and costs of suit; ive) 17 4. For such other reliefas the Court deems just and proper. 18 19 DATED: June /Z, 2020 LAW OFFICE OF JOEL C. BAIOCCH] 26 27 28 2 VERIFIED ANSWER TO COMPLAINT NY WD VERIFICATION I am the defendant inthis proceeding and have read this Answer. Ideclare under FP penalty of perjury under the laws of the State of California that the foregoing istrue and HH correct. This verification was executed on June!7 ,2020 atAuburn, California. SIH Srouref. Ubtyter CSC Patricia D. Whitechat eo Oe he OY Be Be Be NY BRP NB ev 3 VERIFIED ANSWER TO COMPLAINT PROOF OF SERVICE | am employed in the County of Placer, State of California. I am over 18 years of age and not a party to the within action. My business address is33355 Main Street,Dutch Flat, California 95714. On June __, 2020, Icaused to be served: 1. VERIFIED ANSWER OF PATRICIA D. WHITECHAT TO COMPLAINT OF F & T INVESTMENTS, INC., dba DUARTE CONSTRUCTION FOR Ms FORECLOSURE OF MECHANIC’S LIEN; BREACH OF CONTRACT; ACCOUNT STATED and QUANTUM MERUIT CG on the interested party(ies) in thisaction, addressed as follows: SC S. EDWARD SLABACH Attorney for Plaintiff 655 University Ave. Suite 150 Sacramento, CA 95825 BY MAIL: Iam readily familiar with the LAW OFFICE OF JOEL C. BAIOCCHI practice forcollection and processing of correspondence for mailing with the United States Postal Service (USPS). The correspondence indicated above would be deposited with the USPS the same date as this declaration in the ordinary course of business. The correspondence was placed for deposit with the USPS at the offices of LAW OFFICE OF JOEL C. BAIOCCHI, 33350 Main Street, Dutch Flat, California. The envelope(s) was/were sealed with postage fully prepaid on this date and placed for collection and mailing following ordinary business practices and addressed as indicated above. 1 declare under penalty of perjury under the laws of the State of California that the foregoing istrue and correct, and that this declaration was executed on June “7, 2020, at Dutch Flat, California. 4 VERIFIED ANSWER TO COMPLAINT