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CHRISTOPme J. BEEMAN, ESQ. BAR#: 121194 Electronically Filed
ANDREW K. MURPHY, ESQ. BAR#: 258102 12/3/2020 2:47 PM
CLAPP, MORONEY, VUCINICH, Superior Court of California
BEEMAN + SCHELEY County of Stanislaus
A PROFESSIONAL CORPORATION Clerk of the Court
5860 Owens Drive, Suite 410
Pleasanton, CA 94588 By: James Xiong, Deputy
Tel: (925) 734-0990 Fax: (925) 734-0888
Email: amwphy@clappmaroney.cam
Attorneys for Defendant $435 PREVIOUSLY PAID
GABRIELLE BUITRAGO
SUPERIOR COURT 0F THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF STANISLAUS - UNLIMITED JURISDICTION
10
ll JACQUEZ JAHSON ARMSTRONG, CASE NO.: CV20003793
12 Plaintiff, Assignedfor All Purposes to
Judge Sonny S. Sandhu, Dept. 24
13 VS.
DEFENDANT’S ANSWER T0
l4 GABRIELLE BUTTRAGO, PLAINTIFF’S AMENDED COMPLAINT
15 Defendant.
16
1'7 COMES NOW Defendant, GABRIELLE BUITRAGO, and in answer to the unverified
18 Amended Complaint of Plaintiff, JACQUEZ JAHSON ARMSTRONG, herewith denies each and
19 every, all and singular, the allegations of said unverified Amended Complaint, and each alleged cause
20 of action thereof, and in that connection, said Defendant denies that Plaintiff has been injured or
21 damaged in any of the sums mentioned in the Amended Complaint, or in any other amount, or at all,
22 by reason of any action or omission.
23 AFFIRMATIVE DEFENSES
24 AS A FIRST, SEPARATE AND AFFIRMATIVE DEFENSE T0 THE AMENDED
25 COMPLAINT, AND EACH ALLEGED CAUSE 0F ACTION THEREOF, this answering
26 Defendant alleges that said Amended Complaint, and each alleged cause of action thereof, fails to
2'7 state facts sufficient to constitute a cause of action against this answering Defendant.
28 ll]
F:\Data\DOCS\9565\05998\Answer.wpd l
DEFENDANT’S ANSWER TO PLAINTIFF’S AMENDED COMPLAINT
AS A SECOND, SEPARATE AND AFFIRMATIVE DEFENSE T0 THE AMENDED
COMPLAINT, AND EACH ALLEGED CAUSE 0F ACTION THEREOF, this answering
Defendant alleges that Plaintiff was careless and negligent in and about the matters alleged in the
Amended Complaint, and each alleged cause of action thereof, and that said carelessness and
negligence on said Plaintiffs own part proximately contributed to the happening of the loss and
damages complained of, if any there were. Under the doctrine of comparative negligence, Plaintiff's
own comparative negligence shall reduce any and all damages sustained by said Plaintiff.
AS A THIRD, SEPARATE AND AFFIRMATIVE DEFENSE TO THE AMENDED
COMPLAINT, AND EACH ALLEGED CAUSE 0F ACTION THEREOF, this answering
10 Defendant alleges that said damages sustained by Plaintiff was either wholly or in part the fault of
ll others, whether that fault be the proximate result of negligence, strict liability, breach of warranty,
12 breach of contract or any other type of fault caused by persons, firms, corporations, or entities other
13 than this answering Defendant and said negligence or fault comparatively reduces the percentage of
l4 fault or negligence, if any, by this answering Defendant.
15 AS A FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE AMENDED
l6 COWLAINT, AND EACH ALLEGED CAUSE 0F ACTION THEREOF, this answering
1'7 Defendant alleges that Plaintiff failed to mitigate his damages.
18 AS A FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE AMENDED
l9 COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, this answering
20 Defendant alleges that the Amended Complaint and each alleged cause of action thereof, fails to state
21 facts sufficient to constitute a cause of action in that said Amended Complaint, and each cause of
22 action thereof, is barred by the statute of limitations as stated in Part Two, Title l], Chapter 3, of the
23 California Code of Civil Procedure, beginning with Section 335, and continuing through Section
24 349.4 and, more particularly, but not limited, to Sections 337, 337.1, 337.15, 337.5, 338, 339, 340 and
25 343.
26 AS A SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE TO TI-[E AMENDED
27 COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, this answering
28 Defendant alleges that the provisions of the "Fair Responsibility Act of 1986" (commonly known as
F:\Data\DOCS\9565\05998\Answer.wpd 2
DEFENDANT’S ANSWER TO PLAINTIFF ’S AMENDED COMPLAINT
Proposition 51, Civil Code Sections 1430, 1431, 1431.1, 1431.2, 1431.3, 1431.4, 1431.5 and 1432)
are applicable to this action to the extent Plaintiffs injuries and damages, if any there were or are,
were proximately caused or contributed to by the carelessness, negligence or fault of persons or
entities other than this answering Defendant.
AS A SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE T0 THE AMENDED
COMPLAINT, AND EACH ALLEGED CAUSE 0F ACTION THEREOF, this answering
Defendant is informed and believe and thereon allege that Plaintiff, with fullappreciation of the
particular risks involved, nevertheless knowingly and voluntarily assumed the risks and hazards of
the activity complained of and the damages, if any, resulting therefi‘om.
10 AS AN EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE T0 THE AMENDED
ll COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, this answering
12 Defendant presently has insufficient knowledge or information upon which to form a belief as to
13 whether Plaintiff may additional, as yet unstated, affirmative defenses. This answering Defendant
l4 reserves herein the right to assert additional affirmative defenses in the event discovery indicates that
15 would be appropriate.
l6 WHEREFORE, this answering Defendant prays that the Plaintiff take nothing by way oftheir
1'7 Unverified Amended Complaint, that Defendant has judgment for costs of suit incurred herein,
18 together with such other and further relief as the court may deem just and proper.
l9
20 DATED: December 3, 2020 CLAPP, MORONEY, CINICH,
BEEMAN + SCHELE
21
22
By:
23 CHRISTOPHER J. BEEMAN, ESQ.
Attorneys for Defendant GABRIELLA BUITRAGO
24 erroneously sued as GABRIELLA BUTTRAGO
25
26
2'7
28
nmmnocsws65\05998\Anawer.wpd 3
DEFENDANT'S ANSWER T0 PLAINTIFF’S AMENDED COMPLAINT
1 Armstrong, Jacquez v. Buttrago, Gabrielle
Stanislaus County Superior Court Case No. CV20003793
2
PROOF OF SERVICE
3 [Code of Civ. Proc. §§ 1011, 1013, 1031a, 2015.5]
4 METHOD OF SERVICE:
5 9 By Personal Service : By Mail 9 By Overnight Delivery
9 By Messenger Service 9 By Facsimile : By E-Mail/Electronic Transmission
6
1. I am a citizen of the United States and am employed in the County of Alameda, State of
7 California. I am over the age of 18 years and not a party to the within action.
8 2. My place of employment is 5860 Owens Drive, Suite 410, Pleasanton, CA 94588.
9 3. On the date set forth below, I caused to be served a true and correct copy of the document
described as:
10
DEFENDANTS’ ANSWER TO PLAINTIFF’S AMENDED COMPLAINT
11
4. I served the documents on the persons below, as follows:
12
13 In Pro Per
Jacquez Jahson Armstrong
14 1305 Buccaneer Court
Modesto, CA 95356
15 Phone: (209) 342-8993
16 5. The document(s) was served by the following means (specify):
17 a. 9 BY PERSONAL SERVICE. I caused to be personally delivered the
documents to the persons at the addresses listed in item 4. (1) For a party
18 represented by an attorney, delivery was made to the attorney or at the
attorney's office by leaving the documents in an envelope or package clearly
19 labeled to identify the attorney being served with a receptionist or an individual
in charge of the office. (2) For a party, delivery was made to the party or by
20 leaving the documents at the party's residence with some person not less than
18 years of age between the hours of eight in the morning and six in the
21 evening.
22 b. : BY UNITED STATES MAIL. I enclosed the documents in a sealed envelope
or package addressed to the persons at the addresses in item 4 and (specify
23 one):
24 (1) 9 deposited the sealed envelope with the United States Postal Services,
with the postage fully prepaid.
25
(2) : placed the envelope for collection and mailing, following our ordinary
26 business practices. I am readily familiar with this business's practice
for collecting and processing correspondence for mailing. On the same
27 day that correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States
28
F:\Data\DOCS\9565\05998\proof-lap.wpd 1
PROOF OF SERVICE
1 Postal Service, in a sealed envelope with postage fully prepaid.
2 c. 9 BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED. I enclosed
the documents in a sealed envelope or package addressed to the persons at the
3 addresses in item 4 and (specify one):
4 (1) 9 placed the envelope for collection and mailing, following our ordinary
business practices. I am readily familiar with this business's practice
5 for collecting and processing correspondence for mailing. On the same
day that correspondence is placed for collection and mailing, it is
6 deposited in the ordinary course of business with the United States
Postal Service, in a sealed envelope with postage fully prepaid for said
7 certified mail/return receipt number (See attached copies of Certified
Mail/Return Receipts Requested.)
8
I am a resident or employed in the County where the mailing occurred. The envelope or
9 package was placed in the mail at Pleasanton, California, County of Alameda.
10 d. 9 BY OVERNIGHT DELIVERY. I enclosed the documents in an envelope
or package provided by an overnight delivery carrier and addressed to the
11 persons at the addresses in item 4. I place the envelope or package for
collection and overnight delivery at an office or a regularly utilized drop box
12 of the overnight delivery carrier.
13 e. 9 BY MESSENGER SERVICE. I served the documents by placing them in an
envelope or package addressed to the persons at the addresses listed in item 4
14 and providing them to a professional messenger service for service.
15 f. 9 BY FAX TRANSMISSION. Based on an agreement of the parties to accept
service by fax transmission, I faxed the documents to the persons at the fax
16 numbers listed in item 4. No error was reported by the fax machine that I used.
17 g. : BY E-MAIL OR ELECTRONIC TRANSMISSION. I caused all of the
above-entitled document(s) to be sent to the recipients listed by electronic mail
18 only based on the fact that during the Coronavirus (Covid-19) pandemic, this
office will be working remotely, not able to send physical mail as usual, and
19 is therefore using only electronic mail. No electronic message or other
indication that the transmission was unsuccessful was received within a
20 reasonable time after the transmission.
21 : (State) I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
22
23
9 (Federal) I declare that I am employed in the offices of a member of the bar of this court at
whose direction this service was made. I declare under penalty of perjury that the foregoing is true
and correct.
24
Executed on December 3, 2020, at Pleasanton, California.
25
26
Noel A. Morales
27 Noel A. Morales
28 Proof of Service - Civil
[Code of Civ.Proc. §§ 1011, 1013, 1013a, 2015.5]
F:\Data\DOCS\9565\05998\proof-lap.wpd 2
PROOF OF SERVICE
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CHRISTOPme J. BEEMAN, ESQ. BAR#: 121194 Electronically Filed ANDREW K. MURPHY, ESQ. BAR#: 258102 12/3/2020 2:47 PM CLAPP, MORONEY, VUCINICH, Superior Court of California BEEMAN + SCHELEY County of Stanislaus A PROFESSIONAL CORPORATION Clerk of the Court 5860 Owens Drive, Suite 410 Pleasanton, CA 94588 By: James Xiong, Deputy Tel: (925) 734-0990 Fax: (925) 734-0888 Email: amwphy@clappmaroney.cam Attorneys for Defendant $435 PREVIOUSLY PAID GABRIELLE BUITRAGO SUPERIOR COURT 0F THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF STANISLAUS - UNLIMITED JURISDICTION 10 ll JACQUEZ JAHSON ARMSTRONG, CASE NO.: CV20003793 12 Plaintiff, Assignedfor All Purposes to Judge Sonny S. Sandhu, Dept. 24 13 VS. DEFENDANT’S ANSWER T0 l4 GABRIELLE BUTTRAGO, PLAINTIFF’S AMENDED COMPLAINT 15 Defendant. 16 1'7 COMES NOW Defendant, GABRIELLE BUITRAGO, and in answer to the unverified 18 Amended Complaint of Plaintiff, JACQUEZ JAHSON ARMSTRONG, herewith denies each and 19 every, all and singular, the allegations of said unverified Amended Complaint, and each alleged cause 20 of action thereof, and in that connection, said Defendant denies that Plaintiff has been injured or 21 damaged in any of the sums mentioned in the Amended Complaint, or in any other amount, or at all, 22 by reason of any action or omission. 23 AFFIRMATIVE DEFENSES 24 AS A FIRST, SEPARATE AND AFFIRMATIVE DEFENSE T0 THE AMENDED 25 COMPLAINT, AND EACH ALLEGED CAUSE 0F ACTION THEREOF, this answering 26 Defendant alleges that said Amended Complaint, and each alleged cause of action thereof, fails to 2'7 state facts sufficient to constitute a cause of action against this answering Defendant. 28 ll] F:\Data\DOCS\9565\05998\Answer.wpd l DEFENDANT’S ANSWER TO PLAINTIFF’S AMENDED COMPLAINT AS A SECOND, SEPARATE AND AFFIRMATIVE DEFENSE T0 THE AMENDED COMPLAINT, AND EACH ALLEGED CAUSE 0F ACTION THEREOF, this answering Defendant alleges that Plaintiff was careless and negligent in and about the matters alleged in the Amended Complaint, and each alleged cause of action thereof, and that said carelessness and negligence on said Plaintiffs own part proximately contributed to the happening of the loss and damages complained of, if any there were. Under the doctrine of comparative negligence, Plaintiff's own comparative negligence shall reduce any and all damages sustained by said Plaintiff. AS A THIRD, SEPARATE AND AFFIRMATIVE DEFENSE TO THE AMENDED COMPLAINT, AND EACH ALLEGED CAUSE 0F ACTION THEREOF, this answering 10 Defendant alleges that said damages sustained by Plaintiff was either wholly or in part the fault of ll others, whether that fault be the proximate result of negligence, strict liability, breach of warranty, 12 breach of contract or any other type of fault caused by persons, firms, corporations, or entities other 13 than this answering Defendant and said negligence or fault comparatively reduces the percentage of l4 fault or negligence, if any, by this answering Defendant. 15 AS A FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE AMENDED l6 COWLAINT, AND EACH ALLEGED CAUSE 0F ACTION THEREOF, this answering 1'7 Defendant alleges that Plaintiff failed to mitigate his damages. 18 AS A FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE AMENDED l9 COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, this answering 20 Defendant alleges that the Amended Complaint and each alleged cause of action thereof, fails to state 21 facts sufficient to constitute a cause of action in that said Amended Complaint, and each cause of 22 action thereof, is barred by the statute of limitations as stated in Part Two, Title l], Chapter 3, of the 23 California Code of Civil Procedure, beginning with Section 335, and continuing through Section 24 349.4 and, more particularly, but not limited, to Sections 337, 337.1, 337.15, 337.5, 338, 339, 340 and 25 343. 26 AS A SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE TO TI-[E AMENDED 27 COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, this answering 28 Defendant alleges that the provisions of the "Fair Responsibility Act of 1986" (commonly known as F:\Data\DOCS\9565\05998\Answer.wpd 2 DEFENDANT’S ANSWER TO PLAINTIFF ’S AMENDED COMPLAINT Proposition 51, Civil Code Sections 1430, 1431, 1431.1, 1431.2, 1431.3, 1431.4, 1431.5 and 1432) are applicable to this action to the extent Plaintiffs injuries and damages, if any there were or are, were proximately caused or contributed to by the carelessness, negligence or fault of persons or entities other than this answering Defendant. AS A SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE T0 THE AMENDED COMPLAINT, AND EACH ALLEGED CAUSE 0F ACTION THEREOF, this answering Defendant is informed and believe and thereon allege that Plaintiff, with fullappreciation of the particular risks involved, nevertheless knowingly and voluntarily assumed the risks and hazards of the activity complained of and the damages, if any, resulting therefi‘om. 10 AS AN EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE T0 THE AMENDED ll COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, this answering 12 Defendant presently has insufficient knowledge or information upon which to form a belief as to 13 whether Plaintiff may additional, as yet unstated, affirmative defenses. This answering Defendant l4 reserves herein the right to assert additional affirmative defenses in the event discovery indicates that 15 would be appropriate. l6 WHEREFORE, this answering Defendant prays that the Plaintiff take nothing by way oftheir 1'7 Unverified Amended Complaint, that Defendant has judgment for costs of suit incurred herein, 18 together with such other and further relief as the court may deem just and proper. l9 20 DATED: December 3, 2020 CLAPP, MORONEY, CINICH, BEEMAN + SCHELE 21 22 By: 23 CHRISTOPHER J. BEEMAN, ESQ. Attorneys for Defendant GABRIELLA BUITRAGO 24 erroneously sued as GABRIELLA BUTTRAGO 25 26 2'7 28 nmmnocsws65\05998\Anawer.wpd 3 DEFENDANT'S ANSWER T0 PLAINTIFF’S AMENDED COMPLAINT 1 Armstrong, Jacquez v. Buttrago, Gabrielle Stanislaus County Superior Court Case No. CV20003793 2 PROOF OF SERVICE 3 [Code of Civ. Proc. §§ 1011, 1013, 1031a, 2015.5] 4 METHOD OF SERVICE: 5 9 By Personal Service : By Mail 9 By Overnight Delivery 9 By Messenger Service 9 By Facsimile : By E-Mail/Electronic Transmission 6 1. I am a citizen of the United States and am employed in the County of Alameda, State of 7 California. I am over the age of 18 years and not a party to the within action. 8 2. My place of employment is 5860 Owens Drive, Suite 410, Pleasanton, CA 94588. 9 3. On the date set forth below, I caused to be served a true and correct copy of the document described as: 10 DEFENDANTS’ ANSWER TO PLAINTIFF’S AMENDED COMPLAINT 11 4. I served the documents on the persons below, as follows: 12 13 In Pro Per Jacquez Jahson Armstrong 14 1305 Buccaneer Court Modesto, CA 95356 15 Phone: (209) 342-8993 16 5. The document(s) was served by the following means (specify): 17 a. 9 BY PERSONAL SERVICE. I caused to be personally delivered the documents to the persons at the addresses listed in item 4. (1) For a party 18 represented by an attorney, delivery was made to the attorney or at the attorney's office by leaving the documents in an envelope or package clearly 19 labeled to identify the attorney being served with a receptionist or an individual in charge of the office. (2) For a party, delivery was made to the party or by 20 leaving the documents at the party's residence with some person not less than 18 years of age between the hours of eight in the morning and six in the 21 evening. 22 b. : BY UNITED STATES MAIL. I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses in item 4 and (specify 23 one): 24 (1) 9 deposited the sealed envelope with the United States Postal Services, with the postage fully prepaid. 25 (2) : placed the envelope for collection and mailing, following our ordinary 26 business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same 27 day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States 28 F:\Data\DOCS\9565\05998\proof-lap.wpd 1 PROOF OF SERVICE 1 Postal Service, in a sealed envelope with postage fully prepaid. 2 c. 9 BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED. I enclosed the documents in a sealed envelope or package addressed to the persons at the 3 addresses in item 4 and (specify one): 4 (1) 9 placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business's practice 5 for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is 6 deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid for said 7 certified mail/return receipt number (See attached copies of Certified Mail/Return Receipts Requested.) 8 I am a resident or employed in the County where the mailing occurred. The envelope or 9 package was placed in the mail at Pleasanton, California, County of Alameda. 10 d. 9 BY OVERNIGHT DELIVERY. I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the 11 persons at the addresses in item 4. I place the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box 12 of the overnight delivery carrier. 13 e. 9 BY MESSENGER SERVICE. I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in item 4 14 and providing them to a professional messenger service for service. 15 f. 9 BY FAX TRANSMISSION. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax 16 numbers listed in item 4. No error was reported by the fax machine that I used. 17 g. : BY E-MAIL OR ELECTRONIC TRANSMISSION. I caused all of the above-entitled document(s) to be sent to the recipients listed by electronic mail 18 only based on the fact that during the Coronavirus (Covid-19) pandemic, this office will be working remotely, not able to send physical mail as usual, and 19 is therefore using only electronic mail. No electronic message or other indication that the transmission was unsuccessful was received within a 20 reasonable time after the transmission. 21 : (State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 22 23 9 (Federal) I declare that I am employed in the offices of a member of the bar of this court at whose direction this service was made. I declare under penalty of perjury that the foregoing is true and correct. 24 Executed on December 3, 2020, at Pleasanton, California. 25 26 Noel A. Morales 27 Noel A. Morales 28 Proof of Service - Civil [Code of Civ.Proc. §§ 1011, 1013, 1013a, 2015.5] F:\Data\DOCS\9565\05998\proof-lap.wpd 2 PROOF OF SERVICE