Preview
1 MANDEEP S. RUPAL (SBN 279664)
christian@rupallaw.com
2 LAW OFFICE OF MANDEEP S. RUPAL
4740 Green River Rd., Ste. 207
3 Corona, CA 92878 E-FILED
2/11/2021 3:17 PM
T: (951) 460-0830 | F: (951) 963-9920
4 Superior Court of California
County of Fresno
5 Attorney for Defendant, By: J. Nelson, Deputy
PUNEET BAINS dba 7 ELEVEN
6
7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 COUNTY OF FRESNO
9
ANGELINA PEREZ, an individual; and Case No. 20ECG02592
10 on behalf of other aggrieved employees;
11 Plaintiff, DEFENDANTS’ ANSWER TO
COMPLAINT
12 v.
13 PUNEET BAINS dba “7-Eleven”, an
individual; and DOES 1 through 50,
14 inclusive,
15 Defendants.
16
17
18 COMES NOW Defendant, PUNEET BAINS dba “7-Eleven” herein after
19 referred to as “Defendant,” and hereby answers the unverified Complaint of
20 Plaintiff, ANGELINA PEREZ, (“Plaintiff”) in the above-captioned matter.
21 GENERAL DENIAL
22 1. The Defendant hereby generally denies each and every allegation of the
23 Complaint, and the whole thereof, pursuant to California Code of Civil Procedure §
24 431.30 and further deny that Plaintiff has been damaged in any sum or at all.
25 2. Further, Defendant asserts the following affirmative defenses. By
26 asserting these affirmative defenses, Defendant does not concede that it has the
27 burden of proof as to any affirmative defense asserted below.
28
1
ANSWER
1 AFFIRMATIVE DEFENSES
2 FIRST AFFIRMATIVE DEFENSE
3 (Failure to State Facts Sufficient to Constitute a Cause of Action)
4 3. For a first separate and affirmative defense, this answering Defendant
5 is informed, believes and thereon alleges that the Complaint and each and every
6 purported cause of action contained therein fail to state facts sufficient to constitute
7 any cause of action against Defendants.
8 SECOND AFFIRMATIVE DEFENSE
9 (No Injury to Plaintiff)
10 4. For a second separate and affirmative defense, the answering
11 Defendant is informed, believes and thereon alleges that Plaintiff has not sustained
12 any injuries or damages as a result of any conduct of Defendant.
13 THIRD AFFIRMATIVE DEFENSE
14 (Waiver)
15 5. For a third separate and affirmative defense, the answering Defendant
16 is informed, believe and thereon allege that Plaintiff was engaged in conduct that
17 constitutes a waiver of her rights. By reason of said waiver, each of Plaintiff’s
18 causes of actions in the Complaint is barred by the doctrine of waiver.
19 FOURTH AFFIRMATIVE DEFENSE
20 (Equitable Estoppel)
21 6. For an fourth separate and affirmative defense, the answering
22 Defendant is informed, believe and thereon allege that each and every cause of
23 action contained in the Complaint is barred by reasons of acts, omissions,
24 representations, and courses of conduct by Plaintiff by which the answering
25 Defendants relied to its detriment, thereby barring, under the doctrine of equitable
26 estoppel, any causes of action asserted by Plaintiff.
27
28
2
ANSWER
1 FIFTH AFFIRMATIVE DEFENSE
2 (Failure to Mitigate)
3 7. For a fifth separate and affirmative defense, the answering Defendant
4 is informed, believe and thereon allege that Plaintiff failed to mitigate and lessen
5 damages, if any, she sustained, as required by law, and is now barred from recovery
6 by reason thereof against the answering Defendant.
7 SIXTH AFFIRMATIVE DEFENSE
8 (Good Faith/Legitimate Business Reasons)
9 8. For a sixth separate and affirmative defense, the answering Defendant
10 is informed, believe and thereon allege that Plaintiff is barred from obtaining relief
11 because any and all decisions made and actions taken by and/or on its behalf were
12 made and taken in the exercise of proper managerial discretion, in good faith, and
13 for legitimate business reasons unrelated to Plaintiff’s complaints and/or claims of
14 injury, discrimination, harassment and/or wrongful termination.
15 SEVENTH AFFIRMATIVE DEFENSE
16 (Compliant with Applicable Laws)
17 9. For an seventh separate and affirmative defense, the answering
18 Defendant is informed, believe and thereon allege that the answering Defendant’s
19 act, as they pertain to the allegations contained in the Complaint, were reasonable,
20 justified, lawful, and undertaken in good faith and in compliance with all applicable
21 laws, statutes, regulations, and contractual obligations and therefore, Plaintiff is
22 barred from recovery from Defendants for any damages she sustained, if any.
23 EIGHTH AFFIRMATIVE DEFENSE
24 (Statute of Limitations)
25 12. For a ninth separate and affirmative defense, the answering Defendant
26 is informed, believe and thereon allege that the Complaint and each cause of action
27 therein are barred by the applicable statutes of limitations, including but not limited
28 to those set forth in the California Code of Civil Procedure §§ 338 and 340, and
3
ANSWER
1 Government Code § 12960, and such others as may be applicable based upon
2 evidence and information developed through discovery.
3 NINTH AFFIRMATIVE DEFENSE
4 (Failure to Exhaust Administrative Remedies)
5 14. For a eleventh separate and affirmative defense, the answering
6 Defendant is informed, believe and thereon allege that Plaintiff is not entitled to
7 recovery from Defendants because Plaintiff has failed to exhaust all administrative
8 remedies.
9 TENTH AFFIRMATIVE DEFENSE
10 (No Violation of Public Policy)
11 15. For a twelfth separate and affirmative defense, the answering
12 Defendant is informed, believe and thereon allege that it made no decisions
13 regarding Plaintiff that violated any well-defined public policy embodied in a
14 constitution, statute or regulation.
15 ELEVENTH AFFIRMATIVE DEFENSE
16 (No Basis in Law or Fact)
17 20. For a fourteenth separate and affirmative defense, the answering
18 Defendant is informed, believe and thereon allege that to the extent that the
19 Complaint has been filed without a basis in law or fact and has not been filed in good
20 faith, it is entitled to an award of attorney’s fees and any other costs of suit in
21 defending against Plaintiff’s Complaint.
22 TWELFTH AFFIRMATIVE DEFENSE
23 (No Causal Connection)
24 21. For a fifteenth separate and affirmative defense, the answering
25 Defendant is informed, believes and thereon alleges that no causal connection exists
26 between any alleged discrimination, harassment and/or other unlawful act and any
27 adverse employment action allegedly suffered by Plaintiff.
28 ///
4
ANSWER
1 THIRTEENTH AFFIRMATIVE DEFENSE
2 (No Malice)
3 22. For a sixteenth separate and affirmative defense, the answering
4 Defendant is informed, believe and thereon allege that Plaintiff is not entitled to
5 recover punitive damages because she has failed to plead and cannot prove by clear
6 and convincing evidence facts sufficient to support allegations of oppression, fraud,
7 and/or malice as required by California Civil Code § 3294. Furthermore, Defendant
8 did not commit oppressive, fraudulent or malicious acts with respect to Plaintiff, did
9 not engage in despicable conduct with respect to Plaintiff, and did not authorize or
10 ratify such acts.
11 FOURTEENTH AFFIRMATIVE DEFENSE
12 (No Basis for Attorneys’ Fees)
13 23. For a seventeenth separate and affirmative defense, the answering
14 Defendant is informed, believe and thereon allege that Plaintiff has failed to state
15 sufficient facts that entitle her to an award of attorney’s fees or costs of suit incurred
16 herein.
17 FIFTEENTH AFFIRMATIVE DEFENSE
18 (Reserved Defenses)
19 25. For a eighteenth separate and affirmative defense, the answering
20 Defendant presently have insufficient knowledge or information upon which to form
21 a belief as to whether it may have additional, yet unstated, affirmative defenses.
22 The answering Defendants reserve the right to assert additional affirmative
23 defenses in the event discovery dictates it would be appropriate.
24 WHEREFORE, this answering Defendant prays:
25 1. That Plaintiff takes nothing by his Complaint;
26 2. That Plaintiff’s Complaint be dismissed with prejudice;
27 3. That Defendant be awarded their costs of suit in defense of Plaintiff’s
28 Complaint, including reasonable attorney’s fees and costs; and
5
ANSWER
1 4. For such other and further relief as the Court deems proper.
2
3 Dated: February 8, 2021 Law Office of Mandeep S. Rupal
4 /s/ Mandeep S. Rupal, Esq.
Mandeep S. Rupal, Esq.
5 Attorneys for Defendant,
PUNEET BAINS dba 7 Eleven
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6
ANSWER
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA )
) ss.
3 COUNTY OF RIVERSIDE )
4 I am employed in the State of California, County of Riverside. I am over the
age of eighteen years and not a party to the within action. My business address is
5 4740 Green River Rd. Suite 207 Corona, CA 92878
6 On February 8, 2021, I served on the interested parties in this action the
within document(s) entitled:
7
DEFENDANT’S ANSWER TO COMPLAINT
8
[ ] BY FAX: (C.C.P. § 1013(a), (e); CRC 2008) - by transmitting via electronic
9 facsimile the document(s) listed above to the fax number(s) set forth below on
this date before 5:00 p.m.; I also caused the fax machine to print such
10 record(s) of the transmission.
11 [ ] BY MAIL: (C.C.P. § 1013(a)) - by placing the document(s) listed above in a
sealed envelope with postage thereon fully prepaid, in the United States mail
12 at Corona, California addressed as set forth below. I am readily familiar with
the firm’s practice of collection and processing correspondence for mailing.
13 Under that practice, it would be deposited with the U.S. Postal Service on that
same day with postage thereon fully prepaid in the ordinary course of
14 business. I am aware that on motion of the party served, service is presumed
invalid if postal cancellation date or postage meter date is more than one day
15 after date of deposit for mailing in affidavit.
16 [ ] BY OVERNIGHT MAIL (C.C.P. § 1013(c)) - By FEDERAL EXPRESS,
following ordinary business practices for collection and processing of
17 correspondence with said overnight mail service, and said envelope(s) will be
deposited with said overnight mail service on said date in the ordinary course
18 of business.
19 [ ] BY PERSONAL SERVICE - I personally delivered such envelope to the
offices of the addressee.
20
[ ] BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED - By placing
21 true copy(ies) thereof in sealed envelope(s) with Certified Mail, Return
Receipt Requested, postage thereon fully prepaid and by causing such
22 envelope(s) to be deposited in the mail at 4740 Green River Rd., Ste 207,
Corona, CA 92878.
23
[X] BY ELECTRONIC SERVICE (C.C.P. § 1010.6(a)(6)) - the parties listed
24 below were served electronically with the document(s) listed above by e-
mailed PDF files. The transmission was reported as complete and without
25 error. My electronic notification address is 4740 Green River Rd. Ste 207
Corona, CA 92878. My e-mail address is kiersten@rupallaw.com.
26
[ ] BY ELECTRONIC SERVICE THROUGH CASE ANYWHERE - the
27 parties listed below were served electronically with (a) true and correct
copy(ies) of the document(s) listed above by transmission to CASE
28 ANYWHERE.
7
ANSWER
1 Joseph M. Lovretovich Attorneys for Plaintiff
Eric M. Gruzen
2 Christina R. Manalo PUNEET BAINS
JML Law
3 5855 Topanga Canyon Blvd., Suite 300
Woodland Hills, CA 91367
4
[X] STATE: I declare under penalty of perjury, under the laws of the State of
5 California, that the above is true and correct.
6 [ ] FEDERAL: I declare that I am employed in the office of a member of the Bar
of this Court at whose direction this service was made.
7
Executed on February 8, 2021, at Canyon Lake, California.
8
9
10 /s/ Kiersten J. Goodger
___________________________________
11 KIERSTEN J GOODGER
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8
ANSWER