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ERIC M. BONZELL, No. 148943
LAW OFFICES OI SHAHIN KARIM
2520 Venture Oaks Way, Suite 140
Sacramento, California 95833 E-FILED
Tel: (916) 925-3275 12/14/2020 12:22 PM
Fax: (916) 925-3234 Superior Court of California
County of Fresno
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By: J. Nelson, Deputy
Attorneys for Defendant,
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Shane Clayton Dunnaway, Jr.
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SUPERIOR COURT OF CALIFORNIA
COI.JNTY OF FRESNO
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CARLOS BARRAZA, Case No. 20CECG02335
Assigned for all puq&uses to:
12 Judge Kristi Culver Kapetan
Plaintiff,
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Dept. 402
14 (Complaint Filed December 9, 2020)
15 SHANE CLAYTON DUNNAWAY,
vs.
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JR.'S ANSWER TO COMPLAINT
SHANE CLAYTON DUNNAWAY, JR.,
and DOES I TO 20, Inclusive
Defendant.
COMES NOW Defendant, SHANE CLAYTON DUNNAWAY, JR., in answer to the
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21 Complaint on file herein, admits, denies and alleges as follows:
Under the provisions of California Code of Civil Procedure Section 431.30, this
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Defendant generally and specifically denies each and every allegation contained in
23 answering
said Complaint, and the whole thereof, and each and every alleged cause of action thereof and
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damages in the sum or sums alleged, or in any other sum or sums,
denies that Plaintiff sustained
or at all, by reason of any act, breach or omission on thc part of this answering
Defendant.
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ANSWER TO COMPLAINT
FIRST AFFIRMATIVE DEFENSE
This answering Defendant is informed and believes and thereon allcges that at all times
mentioned herein that the negligent, careless, reckless and unlawful conduct of Plaintiff
substantially contributed to the alleged injuries and damages and said negligence and/or fault of
Plaintiff reduces any recovery otherwise available to Plaintiff,
SECOND AFFIRMATIVE DKFFNSK
This answering Defendant is inlormed and believes and thereon alleges 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 concuttent tortfeasors, persons, entities, named or unnamed, and that the
actions or omissions to act, if any, of this answering Defendant is imputed to, and/or should be
12 indemnified by said named or unnamed tortfeasors.
13 THIRD AFFIRMATIVE DEFENSE
14 This answering Defendant is informed and believes and thereon alleges 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
This answering Defendant is informed and believes and thereon alleges that in the event
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22 Plaintiff sllould establish any liability on the part of this answering Defendant, which liability is
23 expressly denied, that this answering Defendant may not be obligated to pay sums representing a
24 proportion or percentage of I'ault not his own, but that of Plaintiff, other parties to this action and
not patties to this action, Therefore, Defendant is entitled to an adjudication and
25 third persons
determination of the respective proportions or percentages of fault, if any, on this answering
27 Defendant's part, on the part of Plaintiff, other parties to this action and third persons not party to
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-2-
ANSWF tt TO COMPLAINT
this action pursuant to the Doctrines of Comparative Negligence and the Fair Resnonsibilitv Act
of 1986, codified in California Civil Code Sections 1431-1431.5.
3 FIFTH AFFIRMATIVE DEFENSE
Plaintiff's claim for non-economic damages is barred by California Civil Code Section
3333.4.
SIXTH AFFIRMATIVE DEFENSE
Plaintiff has failed to make any reasonable efforts to mitigate his damages, if any, in
whole or in part.
SEVENTH AFFIRMATIVE DEFENSE
10 Plaintiff's Complaint, and each and every portion thereof, fails to set forth facts sufficient
to constitute a viable cause of action as against this answering Defendant.
12 EIGHTH AFFIRMATIVE DEFENSE
13 As and for a further, separate and distinct answer and defense to Plaintiff's Complaint on
answering Defendant alleges that Plaintiff's Complaint is haired by the
14 file herein, this
15 provisions of, Section 335.1 of the California Code of Civil Procedure.
16 WHEREFORE, this answering Defendant prays as follows:
17 1. That Plaintiff takes nothing by reason of his Complaint herein;
18 2. That this answering Defendant be awarded his costs of suit incuned herein;
19 3. For such other and fuither relief as the Court deems just and proper.
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21 DATED: December 11, 2020 LAW OFFICES OF SHAHIN KARIM
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23
ERiC M. BONZ~
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Attorneys for Defendant
25 SHANE CLAYTON DUNNA WAY, JR.
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-3-
ANSWER TO COMPLAINT
PROOF OF SERVICE
[1013(a)(1)4lk(3) CCP (Rev.l/98)]
8ARIIAZA v. DUiVNAWA Y
Superior Court, Fresno County, Case Number: 20CECG02335
4 Judge: Kristi Culver Kapetan, Dept. 402
iun over the age of 18 years and not a party to the within
I, the undersigned, declare that: I
of Sacramento, State of California, where the within
action. I am employed in the County
and my business address is 2520 Venture Oaks Way,
mailing or other method of service occurs,
Suite 140, Sacramento, California 958.
8 served the foregoing document described SHANE CLAYTON
On the date listed below, I
parties listed below:
9 DUNNAWAY, JR.'S ANSWER TO COMPLAINT on the interested
10 Denis M. Dclja
DUNNION LAW FIRM
2711 Garden Road
12 Monterey, CA 93940
Attorneys for Plaintiff, Carlos Barraza
13 Phone: 831-373-8035
Fax: 931-375-4124
14
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sealed envelope for each addressee
IXl U.S. MAIL, by placing a true copy thereof in a separate
16 such addressee, respectively, and I then sealed each envelope
named above, addressed to each
and deposit in thc United States
and, with the postage thereon fully prepaid, placed it for mailing business
17 I am readily familiar with our
Postal Service in accordance with our business'ractices. I'r the United States
and processing of correspondence mailing with
18 practice for collection Postal
correspondence shall be deposited with the United States
Postal Service; and that the
19
Service this same day in the ordinary course of business.
20
sending a true copy of the above-described document
FACSIMILE TRANSMISSION, by
l ll b 69936 926-3234 3 6 l ll b
4 4
21 via facsimile on ,
number for the above-
which number is known to be the facsimile
,
22 herein. The facsimile transmission was confirmed as complete
named individua!s being served
attached hereto was properly issued by
23 and without error, and a copy of the transmission report
the transmitting facsimile machine.
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E td td t,Ctif i D 0 g/,2020.id i d p ity fp j y
under the laws of the State of California that the foregoing is true an) correc .
Je~eoulx
Electronically signed pursuant to Civil Code
II1633.7(d) which states: "If the law requires a
signature, an electronic signature satisfies the law."
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ERIC M. BONZELL, No. 148943 LAW OFFICES OI SHAHIN KARIM 2520 Venture Oaks Way, Suite 140 Sacramento, California 95833 E-FILED Tel: (916) 925-3275 12/14/2020 12:22 PM Fax: (916) 925-3234 Superior Court of California County of Fresno 5 By: J. Nelson, Deputy Attorneys for Defendant, 6 Shane Clayton Dunnaway, Jr. 7 SUPERIOR COURT OF CALIFORNIA COI.JNTY OF FRESNO 10 CARLOS BARRAZA, Case No. 20CECG02335 Assigned for all puq&uses to: 12 Judge Kristi Culver Kapetan Plaintiff, 13 Dept. 402 14 (Complaint Filed December 9, 2020) 15 SHANE CLAYTON DUNNAWAY, vs. 16 JR.'S ANSWER TO COMPLAINT SHANE CLAYTON DUNNAWAY, JR., and DOES I TO 20, Inclusive Defendant. COMES NOW Defendant, SHANE CLAYTON DUNNAWAY, JR., in answer to the 20 21 Complaint on file herein, admits, denies and alleges as follows: Under the provisions of California Code of Civil Procedure Section 431.30, this 22 Defendant generally and specifically denies each and every allegation contained in 23 answering said Complaint, and the whole thereof, and each and every alleged cause of action thereof and 24 damages in the sum or sums alleged, or in any other sum or sums, denies that Plaintiff sustained or at all, by reason of any act, breach or omission on thc part of this answering Defendant. 27 28 ANSWER TO COMPLAINT FIRST AFFIRMATIVE DEFENSE This answering Defendant is informed and believes and thereon allcges that at all times mentioned herein that the negligent, careless, reckless and unlawful conduct of Plaintiff substantially contributed to the alleged injuries and damages and said negligence and/or fault of Plaintiff reduces any recovery otherwise available to Plaintiff, SECOND AFFIRMATIVE DKFFNSK This answering Defendant is inlormed and believes and thereon alleges 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 concuttent tortfeasors, persons, entities, named or unnamed, and that the actions or omissions to act, if any, of this answering Defendant is imputed to, and/or should be 12 indemnified by said named or unnamed tortfeasors. 13 THIRD AFFIRMATIVE DEFENSE 14 This answering Defendant is informed and believes and thereon alleges 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 This answering Defendant is informed and believes and thereon alleges that in the event 21 22 Plaintiff sllould establish any liability on the part of this answering Defendant, which liability is 23 expressly denied, that this answering Defendant may not be obligated to pay sums representing a 24 proportion or percentage of I'ault not his own, but that of Plaintiff, other parties to this action and not patties to this action, Therefore, Defendant is entitled to an adjudication and 25 third persons determination of the respective proportions or percentages of fault, if any, on this answering 27 Defendant's part, on the part of Plaintiff, other parties to this action and third persons not party to 28 -2- ANSWF tt TO COMPLAINT this action pursuant to the Doctrines of Comparative Negligence and the Fair Resnonsibilitv Act of 1986, codified in California Civil Code Sections 1431-1431.5. 3 FIFTH AFFIRMATIVE DEFENSE Plaintiff's claim for non-economic damages is barred by California Civil Code Section 3333.4. SIXTH AFFIRMATIVE DEFENSE Plaintiff has failed to make any reasonable efforts to mitigate his damages, if any, in whole or in part. SEVENTH AFFIRMATIVE DEFENSE 10 Plaintiff's Complaint, and each and every portion thereof, fails to set forth facts sufficient to constitute a viable cause of action as against this answering Defendant. 12 EIGHTH AFFIRMATIVE DEFENSE 13 As and for a further, separate and distinct answer and defense to Plaintiff's Complaint on answering Defendant alleges that Plaintiff's Complaint is haired by the 14 file herein, this 15 provisions of, Section 335.1 of the California Code of Civil Procedure. 16 WHEREFORE, this answering Defendant prays as follows: 17 1. That Plaintiff takes nothing by reason of his Complaint herein; 18 2. That this answering Defendant be awarded his costs of suit incuned herein; 19 3. For such other and fuither relief as the Court deems just and proper. 20 21 DATED: December 11, 2020 LAW OFFICES OF SHAHIN KARIM 22 23 ERiC M. BONZ~ 24 Attorneys for Defendant 25 SHANE CLAYTON DUNNA WAY, JR. 26 27 28 -3- ANSWER TO COMPLAINT PROOF OF SERVICE [1013(a)(1)4lk(3) CCP (Rev.l/98)] 8ARIIAZA v. DUiVNAWA Y Superior Court, Fresno County, Case Number: 20CECG02335 4 Judge: Kristi Culver Kapetan, Dept. 402 iun over the age of 18 years and not a party to the within I, the undersigned, declare that: I of Sacramento, State of California, where the within action. I am employed in the County and my business address is 2520 Venture Oaks Way, mailing or other method of service occurs, Suite 140, Sacramento, California 958. 8 served the foregoing document described SHANE CLAYTON On the date listed below, I parties listed below: 9 DUNNAWAY, JR.'S ANSWER TO COMPLAINT on the interested 10 Denis M. Dclja DUNNION LAW FIRM 2711 Garden Road 12 Monterey, CA 93940 Attorneys for Plaintiff, Carlos Barraza 13 Phone: 831-373-8035 Fax: 931-375-4124 14 15 sealed envelope for each addressee IXl U.S. MAIL, by placing a true copy thereof in a separate 16 such addressee, respectively, and I then sealed each envelope named above, addressed to each and deposit in thc United States and, with the postage thereon fully prepaid, placed it for mailing business 17 I am readily familiar with our Postal Service in accordance with our business'ractices. I'r the United States and processing of correspondence mailing with 18 practice for collection Postal correspondence shall be deposited with the United States Postal Service; and that the 19 Service this same day in the ordinary course of business. 20 sending a true copy of the above-described document FACSIMILE TRANSMISSION, by l ll b 69936 926-3234 3 6 l ll b 4 4 21 via facsimile on , number for the above- which number is known to be the facsimile , 22 herein. The facsimile transmission was confirmed as complete named individua!s being served attached hereto was properly issued by 23 and without error, and a copy of the transmission report the transmitting facsimile machine. 24 25 26 27 28 E td td t,Ctif i D 0 g/,2020.id i d p ity fp j y under the laws of the State of California that the foregoing is true an) correc . Je~eoulx Electronically signed pursuant to Civil Code II1633.7(d) which states: "If the law requires a signature, an electronic signature satisfies the law." 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28