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1 CHANNONE M. SHELLER, ESQ. (SBN 249744)
TIZA SERRANO THOMPSON & ASSOCIATES Electronically Filed
2 Employees of the Law Department 1/8/2021 4:13 PM
State Farm Mutual Automobile Insurance Company Superior Court of California
3 980 9th Street, Suite 2250 County of Stanislaus
Sacramento, CA 95814 Clerk of the Court
4 Telephone: (916) 561-2780 By: Mouang Saechao, Deputy
Facsimile: (855) 886-5559
5 Email: channone.sheller@statefarm.com $585
6 Attorneys for Defendant
Cecilia Anita Suarez
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF STANISLAUS COUNTY / UNLIMITED JURISDICTION
10
11 SERGIO VILLANUEVA RAMIREZ, NO. CV-20-004811
12 Plaintiff, ANSWER TO UNVERIFIED
COMPLAINT AND DEMAND FOR
13 v. JURY TRIAL
14 CECILIA ANITA SUAREZ, AND DOES 1
THROUGH 20, INCLUSIVE,,
15
Defendants.
16
17 Defendant, CECILIA ANITA SUAREZ, in answer to the Unverified Complaint filed
18 by Plaintiff, SERGIO VILLANUEVA RAMIREZ, herein admits, denies and alleges as
19 follows:
20 Under the provisions of Section 431.30 of the Code of Civil Procedure of the State
21 of California, this answering defendant denies, generally and specifically, all and singular,
22 each and every allegation contained in the Unverified Complaint of Plaintiff herein, and the
23 whole thereof, and specifically denies that Plaintiff has been injured or damaged as alleged
24 herein, or in any other sum or manner, or otherwise or at all.
25 1. AS A FIRST AFFIRMATIVE DEFENSE to the Complaint and each alleged
26 Cause of Action thereof, this answering defendant alleges that Plaintiff was careless and
27 negligent in and about the matters referred to in said Complaint, and that said
28 carelessness and negligence on Plaintiff's own part proximately contributed to the
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_______________________________________
Answer to Unverified Complaint and Demand for Jury Trial
1 happening of the incident in question, and to the injuries, loss, and damages complained
2 of, if there were any.
3 2. AS A SECOND AFFIRMATIVE DEFENSE to the Complaint and each
4 alleged Cause of Action thereof, this answering defendant alleges that the injuries and
5 damages complained of by Plaintiff, if there were any, were either wholly or in part directly
6 and proximately caused by the negligence of persons or entities other than this answering
7 defendant, and said negligence comparatively reduces the proportion of negligence and
8 corresponding liability of this answering defendant.
9 3. AS A THIRD AFFIRMATIVE DEFENSE to the Complaint and each alleged
10 Cause of Action thereof, this answering defendant alleges that said Complaint fails to state
11 facts sufficient to constitute a cause of action against this answering defendant or at all.
12 4. AS A FOURTH AFFIRMATIVE DEFENSE to the Complaint and each
13 alleged Cause of Action thereof, this answering defendant alleges that the injuries, loss
14 and damages complained of, if there were any, were increased by the failure of Plaintiff to
15 use reasonable diligence to mitigate them.
16 5. AS A FIFTH AFFIRMATIVE DEFENSE to the Complaint and each alleged
17 Cause of Action thereof, this answering defendant alleges that ifliability is assessed
18 against her, pursuant to Civil Code Section 1431 et seq., this answering defendant shall
19 be liable only for the amount of non-economic damages allocated to her in direct proportion
20 to the percentage of fault assessed against her by the trier of fact and requests that a
21 separate judgment be rendered against her for that amount.
22 6. AS A SIXTH AFFIRMATIVE DEFENSE to the Complaint and each alleged
23 Cause of Action thereof, this answering defendant alleges that the Complaint and each
24 Cause of Action alleged therein is barred by California Code of Civil Procedure §335.1
25 and/or the applicable statute of limitations, including, but not limited to, California Code of
26 Civil Procedure §§337, 337.1, 337.15, 338, 339, 340.3 and 343.
27 7. AS A SEVENTH AFFIRMATIVE DEFENSE to the Complaint and each
28 alleged Cause of Action thereof, this answering defendant alleges that Plaintiff knew, or in
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_______________________________________
Answer to Unverified Complaint and Demand for Jury Trial
1 the exercise of reasonable care should have known, of the risk and hazards involved in
2 the undertaking in which he engaged, but nevertheless and with full knowledge of these
3 things did fully and voluntarily consent to assume the risk and hazards involved in this
4 undertaking, thereby assuming all risks of any injuries and damages, if any, referred to in
5 the Complaint.
6 8. AS AN EIGHTH AFFIRMATIVE DEFENSE to the Complaint and each
7 alleged Cause of Action, this answering defendant is informed and believes that at all
8 times mentioned herein Plaintiff was in the course and scope of his employment and that
9 Plaintiff's exclusive remedy lies within the workers’ compensation laws; or, in the
10 alternative, the injuries sustained by Plaintiff, if any, were caused or contributed to by the
11 carelessness, negligence or other fault of Plaintiff's employer and/or said employer’s
12 agents, servants or employees and that from any award made to Plaintiff this defendant is
13 entitled to a credit, set-off or reduction in damages in an amount in direct proportion to said
14 employer’s and/or said employer’s agents’, servants’ or employees’ percentage of fault
15 pursuant to the rule of Witt v. Jackson.
16 WHEREFORE, this answering defendant prays that Plaintiff takes nothing by
17 reason of his Complaint, that this answering defendant has judgment for her costs of suit
18 incurred herein, and for such other and further relief as the Court may deem proper.
19 PLEASE TAKE NOTICE that Defendant, Cecilia Anita Suarez, demands a jury trial
20 and has deposited jury fees in the amount of $150 with the court pursuant to CCP Section
21 631.
22
Dated: January 8, 2021 TIZA SERRANO THOMPSON & ASSOCIATES
23
24 Channone M. Sheller
Attorneys for Defendant
25
Cecilia Anita Suarez
26
Electronic signature pursuant to Civil Code §1633.7(d).
27
28
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_______________________________________
Answer to Unverified Complaint and Demand for Jury Trial
1 PROOF OF SERVICE
2
Villanueva Ramirez v. Suarez
3 Stanislaus County Superior Court Case No. CV-20-004811
4 I, the undersigned, declare that I am a resident of the United States; employed
in the City of Sacramento and County of Sacramento, State of California; over the age
5 of 18 years; not a party to the within entitled cause; and my business address is 980
6 9th Street, Sacramento, CA 95814.
7 On January 8, 2021, I served the within document(s),
8 ANSWER TO UNVERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL
9
10
on the interested parties in this action as follows:
11
Attorney(s) for Plaintiff Sergio
12 Villanueva Ramirez
W. Russell Fields
13 Law Offices of W. Russell Fields
1792 Tribute Road, Suite 400
14
Sacramento, CA 95815
15 Email: russ@russfieldslaw.com
16
[X] ONLY BY ELECTRONIC SUBMISSION - Pursuant to California Code of Civil
17 Procedure § 1010.6(e)(1), I served a true copy of the aforementioned document(s) via
electronic mail on the parties in said action by transmitting by e-mail to the e-mail
18
addresses as set forth above on this date before 5:00 p.m. No electronic message or
19 other indication that the transmission was unsuccessful was received within a
reasonable time after the submission.
20
21
I declare under penalty of perjury under the laws of the State of California that
22 the above is true and correct, and that this declaration was executed on January 8,
2021, at Sacramento, California.
23
24
25
26 Beverley Tomlin-Hill
27
28
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_____________________________________
Proof of Service
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1 CHANNONE M. SHELLER, ESQ. (SBN 249744) TIZA SERRANO THOMPSON & ASSOCIATES Electronically Filed 2 Employees of the Law Department 1/8/2021 4:13 PM State Farm Mutual Automobile Insurance Company Superior Court of California 3 980 9th Street, Suite 2250 County of Stanislaus Sacramento, CA 95814 Clerk of the Court 4 Telephone: (916) 561-2780 By: Mouang Saechao, Deputy Facsimile: (855) 886-5559 5 Email: channone.sheller@statefarm.com $585 6 Attorneys for Defendant Cecilia Anita Suarez 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF STANISLAUS COUNTY / UNLIMITED JURISDICTION 10 11 SERGIO VILLANUEVA RAMIREZ, NO. CV-20-004811 12 Plaintiff, ANSWER TO UNVERIFIED COMPLAINT AND DEMAND FOR 13 v. JURY TRIAL 14 CECILIA ANITA SUAREZ, AND DOES 1 THROUGH 20, INCLUSIVE,, 15 Defendants. 16 17 Defendant, CECILIA ANITA SUAREZ, in answer to the Unverified Complaint filed 18 by Plaintiff, SERGIO VILLANUEVA RAMIREZ, herein admits, denies and alleges as 19 follows: 20 Under the provisions of Section 431.30 of the Code of Civil Procedure of the State 21 of California, this answering defendant denies, generally and specifically, all and singular, 22 each and every allegation contained in the Unverified Complaint of Plaintiff herein, and the 23 whole thereof, and specifically denies that Plaintiff has been injured or damaged as alleged 24 herein, or in any other sum or manner, or otherwise or at all. 25 1. AS A FIRST AFFIRMATIVE DEFENSE to the Complaint and each alleged 26 Cause of Action thereof, this answering defendant alleges that Plaintiff was careless and 27 negligent in and about the matters referred to in said Complaint, and that said 28 carelessness and negligence on Plaintiff's own part proximately contributed to the -1- _______________________________________ Answer to Unverified Complaint and Demand for Jury Trial 1 happening of the incident in question, and to the injuries, loss, and damages complained 2 of, if there were any. 3 2. AS A SECOND AFFIRMATIVE DEFENSE to the Complaint and each 4 alleged Cause of Action thereof, this answering defendant alleges that the injuries and 5 damages complained of by Plaintiff, if there were any, were either wholly or in part directly 6 and proximately caused by the negligence of persons or entities other than this answering 7 defendant, and said negligence comparatively reduces the proportion of negligence and 8 corresponding liability of this answering defendant. 9 3. AS A THIRD AFFIRMATIVE DEFENSE to the Complaint and each alleged 10 Cause of Action thereof, this answering defendant alleges that said Complaint fails to state 11 facts sufficient to constitute a cause of action against this answering defendant or at all. 12 4. AS A FOURTH AFFIRMATIVE DEFENSE to the Complaint and each 13 alleged Cause of Action thereof, this answering defendant alleges that the injuries, loss 14 and damages complained of, if there were any, were increased by the failure of Plaintiff to 15 use reasonable diligence to mitigate them. 16 5. AS A FIFTH AFFIRMATIVE DEFENSE to the Complaint and each alleged 17 Cause of Action thereof, this answering defendant alleges that ifliability is assessed 18 against her, pursuant to Civil Code Section 1431 et seq., this answering defendant shall 19 be liable only for the amount of non-economic damages allocated to her in direct proportion 20 to the percentage of fault assessed against her by the trier of fact and requests that a 21 separate judgment be rendered against her for that amount. 22 6. AS A SIXTH AFFIRMATIVE DEFENSE to the Complaint and each alleged 23 Cause of Action thereof, this answering defendant alleges that the Complaint and each 24 Cause of Action alleged therein is barred by California Code of Civil Procedure §335.1 25 and/or the applicable statute of limitations, including, but not limited to, California Code of 26 Civil Procedure §§337, 337.1, 337.15, 338, 339, 340.3 and 343. 27 7. AS A SEVENTH AFFIRMATIVE DEFENSE to the Complaint and each 28 alleged Cause of Action thereof, this answering defendant alleges that Plaintiff knew, or in -2- _______________________________________ Answer to Unverified Complaint and Demand for Jury Trial 1 the exercise of reasonable care should have known, of the risk and hazards involved in 2 the undertaking in which he engaged, but nevertheless and with full knowledge of these 3 things did fully and voluntarily consent to assume the risk and hazards involved in this 4 undertaking, thereby assuming all risks of any injuries and damages, if any, referred to in 5 the Complaint. 6 8. AS AN EIGHTH AFFIRMATIVE DEFENSE to the Complaint and each 7 alleged Cause of Action, this answering defendant is informed and believes that at all 8 times mentioned herein Plaintiff was in the course and scope of his employment and that 9 Plaintiff's exclusive remedy lies within the workers’ compensation laws; or, in the 10 alternative, the injuries sustained by Plaintiff, if any, were caused or contributed to by the 11 carelessness, negligence or other fault of Plaintiff's employer and/or said employer’s 12 agents, servants or employees and that from any award made to Plaintiff this defendant is 13 entitled to a credit, set-off or reduction in damages in an amount in direct proportion to said 14 employer’s and/or said employer’s agents’, servants’ or employees’ percentage of fault 15 pursuant to the rule of Witt v. Jackson. 16 WHEREFORE, this answering defendant prays that Plaintiff takes nothing by 17 reason of his Complaint, that this answering defendant has judgment for her costs of suit 18 incurred herein, and for such other and further relief as the Court may deem proper. 19 PLEASE TAKE NOTICE that Defendant, Cecilia Anita Suarez, demands a jury trial 20 and has deposited jury fees in the amount of $150 with the court pursuant to CCP Section 21 631. 22 Dated: January 8, 2021 TIZA SERRANO THOMPSON & ASSOCIATES 23 24 Channone M. Sheller Attorneys for Defendant 25 Cecilia Anita Suarez 26 Electronic signature pursuant to Civil Code §1633.7(d). 27 28 -3- _______________________________________ Answer to Unverified Complaint and Demand for Jury Trial 1 PROOF OF SERVICE 2 Villanueva Ramirez v. Suarez 3 Stanislaus County Superior Court Case No. CV-20-004811 4 I, the undersigned, declare that I am a resident of the United States; employed in the City of Sacramento and County of Sacramento, State of California; over the age 5 of 18 years; not a party to the within entitled cause; and my business address is 980 6 9th Street, Sacramento, CA 95814. 7 On January 8, 2021, I served the within document(s), 8 ANSWER TO UNVERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL 9 10 on the interested parties in this action as follows: 11 Attorney(s) for Plaintiff Sergio 12 Villanueva Ramirez W. Russell Fields 13 Law Offices of W. Russell Fields 1792 Tribute Road, Suite 400 14 Sacramento, CA 95815 15 Email: russ@russfieldslaw.com 16 [X] ONLY BY ELECTRONIC SUBMISSION - Pursuant to California Code of Civil 17 Procedure § 1010.6(e)(1), I served a true copy of the aforementioned document(s) via electronic mail on the parties in said action by transmitting by e-mail to the e-mail 18 addresses as set forth above on this date before 5:00 p.m. No electronic message or 19 other indication that the transmission was unsuccessful was received within a reasonable time after the submission. 20 21 I declare under penalty of perjury under the laws of the State of California that 22 the above is true and correct, and that this declaration was executed on January 8, 2021, at Sacramento, California. 23 24 25 26 Beverley Tomlin-Hill 27 28 -1- _____________________________________ Proof of Service