Preview
ELECTRONICALLY FILED
Michael W. Thomas, SBN 168634 Superior Court of California,
THOMAS & ASSOCIATES County of Placer
2390 Professional Drive 10/29/2020
HN
Roseville, CA 95661 By: OliviaLucatuorto, Deputy Clerk
Telephone: (916) 789-1201
WY
email: mthomas@thomas-lawyers.com
FP
Attorneys for Defendant,
A
CHRISTAL CHIURLIA aka CHRISTAL C. WEBBER
DH
SI
Oo
SUPERIOR COURT OF THE STATE OF CALIFORNIA
Oo
COUNTY OF PLACER
le
VICARA HOMEOWNWERS Case No. S-CV-0044965
eH
ASSOCIATION, a California nonprofit
mutual benefit corporation. DEFENDANT’S ANSWER TO
eR
COMPLAINT
DO
Plaintiff,
Â¥v.
eR
CHRISTAL CHIURLIA, aka CHRISTAL
GSD
C. WEBBER, an individual, and DOES 1
RR
through 20, Inclusive.
Re
i
Defendants.
ONT
Defendant, CHRISTAL CHIURLIA aka CHRISTAL C. WEBBER hereby
NO
answers the Complaint of Plaintiff VICARA HOMEOWNERS ASSOCIATION as follows:
ll
KN
GENERAL DENIAL
BeNOR
NN
Under the provisions of Civil Code § 431.13(d) of the California Code of Civil
NN
Procedure, this answering Defendant denies each and every, all and singular, generally and
WN
specifically, allegations contained in said Complaint, and further denies that the Complainant
NY
OM
have been damaged in any sum or sums, or at all, by reason of any act or omission on the part
NNO
Um—™ECUMDN
of this answering Defendant/
WO
oo
NO
-|-
DEFENDANT’S ANSWER TO COMPLAINT
DEFENDANTS’ AFFIRMATIVE DEFENSES
As separate and distinct affirmative defense to the Complaint, and to each cause of
NH
action thereof, this answering Defendant allege as follows:
WY
FIRST AFFIRMATIVE DEFENSE
FF
(Failure to State Cause of Action)
nw
The Complaint, and each cause of action thereof, fails to state facts sufficient to
DH
constitute a cause of action against Defendant.
ND
SECOND AFFIRMATIVE DEFENSE
Oo
(Failure to Name Indispensable Parties)
The Complaint fails to name parties indispensable to this action.
OD
THIRD AFFIRMATIVE DEFENSE
ee
rAanreanwees
(No Guarantor Liability)
The Complaint, and each cause of action thereof, is barred as against this answering
ee
Defendant because the statute of limitations has run.
FOURTH AFFIRMATIVE DEFENSE
Be
(Failure to Do Equity)
Be
No relief may be obtained under the Complaint by reason of Complainant’s failure to do
Be
equity in the matters alleged in the Complaint.
Be
FIFTH AFFIRMATIVE DEFENSE
(Waiver)
Be
Ge
Plaintiffs are barred from obtaining the relief sought in the Complaint, or any other
B&B
relief whatsoever, by reason of having waived any claims that they may have against
FS
NHN
Defendant.
PF
NY
SIXTH AFFIRMATIVE DEFENSE
NY
(Laches)
RBS
NM
Plaintiff is barred from obtaining the relief sought in the Complaint against Defendant
under the doctrine of Laches.
WM
BNRRRR
SEVENTH AFFIRMATIVE DEFENSE
(Bad Faith)
Plaintiff isbarred from recovering the relief sought in the Complaint, or any relief
whatsoever, since as of January 1, 2021, the rental restriction rules will be illegal.
-2-
DEFENDANT’S ANSWER TO COMPLAINT
EIGHTH AFFIRMATIVE DEFENSE
&
(CC&Rs)
YY
The Complaint is barred as against this answering Defendant because rental of units is
WY
allowed under the CC&Rs.
FP
NINTH AFFIRMATIVE DEFENSE
UN
(Breach)
ND
Plaintiffs Complaint is barred by Plaintiff's own repeated breaches of the CC&Rs.
eo
THIRTEENTH AFFIRMATIVE DEFENSE
(Reservation of Defenses)
Oo
Defendant currently has insufficient knowledge or information as to whether she may
have additional, as yet unstated, affirmative defenses available. Defendant reserves the right to
eat
assert additional affirmative defenses in the event that discovery indicates they would be
appropriate.
PRAYER
WHEREFORE, Defendant prays for judgment as follows:
1. That Plaintiff takes nothing from Defendant by reason of this Complaint;
2. That Plaintiff's Complaint be dismissed on all claims;
ee
3. That Defendant recover her costs of suit incurred herein, including attorney's
fees; and
De
4, For such other and further relief as the Court deems just and proper.
NY
Dated: October 13, 2020 THOMAS & ASSOCIATES
NY
By:
NN
“AEL W. THOMAS
Attorneys for Defendant
NY
Christal Chiurlia/Christal Webber
3+
DEFENDANT’S ANSWER TO COMPLAINT
RE: Vicara v. Chiurlia
Placer Superior Court Case No.: S-CV-0044965
PROOF OF SERVICE
I, DEBBIE MACK, declare: I am a resident of the State of California and over the age of
eighteen years, and not a party to the within action. My business address is2390 Professional Drive,
Roseville, California, 95661. On October 13, 2020 I served the foregoing document(s):
DEFENDANT’S ANSWER TO COMPLAINT
XX By UNITED STATES MAIL. I enclosed the documents in a sealed envelope or
package addressed to the persons at the addresses set forth below and placed the envelope for collection
and mailing pursuant to CCP-§§1012, 1013, 1013(A). In accordance with the ordinary course of
business, the document(s) would have been deposited with the U.S. Postal Service on the date set forth
below.
By OVERNIGHT DELIVERY. I enclosed the documents in an envelope or package
10
provided by an overnight delivery carrier and addressed to the persons set forth below and placed the
envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of
i
the overnight delivery carrier.
12
By ELECTRONIC MAIL. By transmitting, between the hours of 8:00 a.m. and 5:00
p.m. PDT, from email address assistant@thomas-lawyers.com, the document(s) listed above, to the
13 email address ofthe person/office referenced below.
14 By PERSONAL SERVICE. By causing to be delivered, the document(s) listed above
to the persons at the addressed setforth below. (1) For a party represented by an attorney, delivery was
made to the attorney's office and left with a person in charge of the office between the hours of 9:00
a.m. and 5:00 p.m. (2) For a party, delivery was made to the party or by leaving the documents at the
16 party's residence or business with someone not younger than 18 years ofage between the hours of 8:00
a.m. and 6:00 p.m. (CCP §1011.)
17
Michael Vinding
18 Elizabeth Lobaugh
BRADY & VINDING
19
455 Capitol Mall, Suite 220
20 Sacramento, CA 95714
(916) 446-3400
21 mvinding@bradyvinding.com
elobaugh@bradyvinding.com
22
23
I declare under penalty of perjury under the laws of the State of California that the above is
24
true and correct. Executed on October 13, 2020, in Roseville, Californigq.
25
26
DEBBIE MACK
27
28
PROOF OF SERVICE
Preview
ELECTRONICALLY FILED Michael W. Thomas, SBN 168634 Superior Court of California, THOMAS & ASSOCIATES County of Placer 2390 Professional Drive 10/29/2020 HN Roseville, CA 95661 By: OliviaLucatuorto, Deputy Clerk Telephone: (916) 789-1201 WY email: mthomas@thomas-lawyers.com FP Attorneys for Defendant, A CHRISTAL CHIURLIA aka CHRISTAL C. WEBBER DH SI Oo SUPERIOR COURT OF THE STATE OF CALIFORNIA Oo COUNTY OF PLACER le VICARA HOMEOWNWERS Case No. S-CV-0044965 eH ASSOCIATION, a California nonprofit mutual benefit corporation. DEFENDANT’S ANSWER TO eR COMPLAINT DO Plaintiff, ¥v. eR CHRISTAL CHIURLIA, aka CHRISTAL GSD C. WEBBER, an individual, and DOES 1 RR through 20, Inclusive. Re i Defendants. ONT Defendant, CHRISTAL CHIURLIA aka CHRISTAL C. WEBBER hereby NO answers the Complaint of Plaintiff VICARA HOMEOWNERS ASSOCIATION as follows: ll KN GENERAL DENIAL BeNOR NN Under the provisions of Civil Code § 431.13(d) of the California Code of Civil NN Procedure, this answering Defendant denies each and every, all and singular, generally and WN specifically, allegations contained in said Complaint, and further denies that the Complainant NY OM have been damaged in any sum or sums, or at all, by reason of any act or omission on the part NNO Um—™ECUMDN of this answering Defendant/ WO oo NO -|- DEFENDANT’S ANSWER TO COMPLAINT DEFENDANTS’ AFFIRMATIVE DEFENSES As separate and distinct affirmative defense to the Complaint, and to each cause of NH action thereof, this answering Defendant allege as follows: WY FIRST AFFIRMATIVE DEFENSE FF (Failure to State Cause of Action) nw The Complaint, and each cause of action thereof, fails to state facts sufficient to DH constitute a cause of action against Defendant. ND SECOND AFFIRMATIVE DEFENSE Oo (Failure to Name Indispensable Parties) The Complaint fails to name parties indispensable to this action. OD THIRD AFFIRMATIVE DEFENSE ee rAanreanwees (No Guarantor Liability) The Complaint, and each cause of action thereof, is barred as against this answering ee Defendant because the statute of limitations has run. FOURTH AFFIRMATIVE DEFENSE Be (Failure to Do Equity) Be No relief may be obtained under the Complaint by reason of Complainant’s failure to do Be equity in the matters alleged in the Complaint. Be FIFTH AFFIRMATIVE DEFENSE (Waiver) Be Ge Plaintiffs are barred from obtaining the relief sought in the Complaint, or any other B&B relief whatsoever, by reason of having waived any claims that they may have against FS NHN Defendant. PF NY SIXTH AFFIRMATIVE DEFENSE NY (Laches) RBS NM Plaintiff is barred from obtaining the relief sought in the Complaint against Defendant under the doctrine of Laches. WM BNRRRR SEVENTH AFFIRMATIVE DEFENSE (Bad Faith) Plaintiff isbarred from recovering the relief sought in the Complaint, or any relief whatsoever, since as of January 1, 2021, the rental restriction rules will be illegal. -2- DEFENDANT’S ANSWER TO COMPLAINT EIGHTH AFFIRMATIVE DEFENSE & (CC&Rs) YY The Complaint is barred as against this answering Defendant because rental of units is WY allowed under the CC&Rs. FP NINTH AFFIRMATIVE DEFENSE UN (Breach) ND Plaintiffs Complaint is barred by Plaintiff's own repeated breaches of the CC&Rs. eo THIRTEENTH AFFIRMATIVE DEFENSE (Reservation of Defenses) Oo Defendant currently has insufficient knowledge or information as to whether she may have additional, as yet unstated, affirmative defenses available. Defendant reserves the right to eat assert additional affirmative defenses in the event that discovery indicates they would be appropriate. PRAYER WHEREFORE, Defendant prays for judgment as follows: 1. That Plaintiff takes nothing from Defendant by reason of this Complaint; 2. That Plaintiff's Complaint be dismissed on all claims; ee 3. That Defendant recover her costs of suit incurred herein, including attorney's fees; and De 4, For such other and further relief as the Court deems just and proper. NY Dated: October 13, 2020 THOMAS & ASSOCIATES NY By: NN “AEL W. THOMAS Attorneys for Defendant NY Christal Chiurlia/Christal Webber 3+ DEFENDANT’S ANSWER TO COMPLAINT RE: Vicara v. Chiurlia Placer Superior Court Case No.: S-CV-0044965 PROOF OF SERVICE I, DEBBIE MACK, declare: I am a resident of the State of California and over the age of eighteen years, and not a party to the within action. My business address is2390 Professional Drive, Roseville, California, 95661. On October 13, 2020 I served the foregoing document(s): DEFENDANT’S ANSWER TO COMPLAINT XX By UNITED STATES MAIL. I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses set forth below and placed the envelope for collection and mailing pursuant to CCP-§§1012, 1013, 1013(A). In accordance with the ordinary course of business, the document(s) would have been deposited with the U.S. Postal Service on the date set forth below. By OVERNIGHT DELIVERY. I enclosed the documents in an envelope or package 10 provided by an overnight delivery carrier and addressed to the persons set forth below and placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of i the overnight delivery carrier. 12 By ELECTRONIC MAIL. By transmitting, between the hours of 8:00 a.m. and 5:00 p.m. PDT, from email address assistant@thomas-lawyers.com, the document(s) listed above, to the 13 email address ofthe person/office referenced below. 14 By PERSONAL SERVICE. By causing to be delivered, the document(s) listed above to the persons at the addressed setforth below. (1) For a party represented by an attorney, delivery was made to the attorney's office and left with a person in charge of the office between the hours of 9:00 a.m. and 5:00 p.m. (2) For a party, delivery was made to the party or by leaving the documents at the 16 party's residence or business with someone not younger than 18 years ofage between the hours of 8:00 a.m. and 6:00 p.m. (CCP §1011.) 17 Michael Vinding 18 Elizabeth Lobaugh BRADY & VINDING 19 455 Capitol Mall, Suite 220 20 Sacramento, CA 95714 (916) 446-3400 21 mvinding@bradyvinding.com elobaugh@bradyvinding.com 22 23 I declare under penalty of perjury under the laws of the State of California that the above is 24 true and correct. Executed on October 13, 2020, in Roseville, Californigq. 25 26 DEBBIE MACK 27 28 PROOF OF SERVICE