Preview
1
A PROFESSIONAL CORPORATION 2/8/2021
2
Derek J. Haynes, SBN 264621
3 Marc A. Rodriguez, SBN 329938
350 University Avenue, Suite 200
4 Sacramento, California 95825
TEL: 916.929.1481
5 FAX: 916.927.3706
6 Attorneys for Defendants
7 THE BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY
and CHICO STATE ENTERPRISES
8 Exempt From Filing Fees Pursuant to Government Code § 6103
9
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
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11
BROOKS O’BRIEN, Case No. 20CV01050
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Plaintiff, ANSWER TO FIRST AMENDED
13
COMPLAINT
14 v.
15 THE BOARD OF TRUSTEES OF THE
CALIFORNIA STATE UNIVERSITY, Complaint Filed: 05/20/20
16
CHICO STATE ENTERPRISES, and
17 DOES 1 through 10, inclusive.
18 Defendants.
19 __________________________________/
20
21 Defendants THE BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY and
22 CHICO STATE ENTERPRISES hereby answer Plaintiff’s First Amended Complaint (“Complaint”) as
23 follows:
24 I.
25 GENERAL DENIAL
26 Defendants deny generally and specifically each and every allegation of Plaintiff’s Complaint and
27 each and every alleged cause of action therein, and further deny Plaintiff was or will be damaged in any
28 sum or sums whatsoever.
{02364541.DOCX} 1
ANSWER TO FIRST AMENDED COMPLAINT
1 II.
2 AFFIRMATIVE DEFENSES
3 FIRST AFFIRMATIVE DEFENSE
4 The Complaint, in its entirety, and through each separately stated cause of action, fails to state
5 facts sufficient to constitute a viable cause of action against Defendants.
6 SECOND AFFIRMATIVE DEFENSE
7 At all times, Defendants acted in good faith, without malice and took any and all actions for
8 legitimate, non-discriminatory, non-retaliatory reasons.
9 THIRD AFFIRMATIVE DEFENSE
10 To the extent Plaintiff failed to fully and timely exhaust his administrative remedies with the
11 Department of Fair Employment and Housing as required by Government Code § 12960 et seq., her
12 statutory claims are barred.
13 FOURTH AFFIRMATIVE DEFENSE
14 Plaintiff’s claims, either in whole or in part, are barred by the applicable statute of limitations.
15 FIFTH AFFIRMATIVE DEFENSE
16 To the extent Plaintiff is making any claims for injuries, those claims are barred by the exclusive
17 remedies provided by Labor Code § 3602, et seq.
18 SIXTH AFFIRMATIVE DEFENSE
19 Plaintiff’s claims against Defendant THE BOARD OF TRUSTEES OF THE CALIFORNIA
20 STATE UNIVERSITY are barred because it was not Plaintiff’s employer.
21 SEVENTH AFFIRMATIVE DEFENSE
22 Plaintiff’s claims are barred in whole or in part and are subject to reduction to the extent she failed
23 to mitigate her damages, if any.
24 EIGHTH AFFIRMATIVE DEFENSE
25 If Plaintiff suffered any emotional distress, which Defendants deny, such emotional distress was
26 proximately caused by factors other than Defendants’ actions.
27 NINTH AFFIRMATIVE DEFENSE
28 Plaintiff’s action may be barred and/or Defendants’ liability may be limited by after-acquired
{02364541.DOCX} 2
ANSWER TO FIRST AMENDED COMPLAINT
1 evidence of Plaintiff’s misconduct, acts or omissions.
2 TENTH AFFIRMATIVE DEFENSE
3 Plaintiff’s action may be barred and/or Defendants’ liability may be limited because Defendants’
4 employment actions were justified by reasonable factors other than age.
5 III.
6 PRAYER
7 WHEREFORE, Defendants pray for judgment, costs of suit, attorney fees, and any other relief the
8 Court deems just and proper.
9
10 Dated: February 8, 2021 PORTER SCOTT
A PROFESSIONAL CORPORATION
11
12
D
By __________________________________
13 Derek J. Haynes
Marc A. Rodriguez
14 Attorneys for Defendants
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{02364541.DOCX} 3
ANSWER TO FIRST AMENDED COMPLAINT
Brooks O’Brien v. The Board of Trustees of the California State University, et al.
1
Butte County Superior Court Case No. 20CV01050
2
PROOF OF SERVICE
3
At the time of service, I was over 18 years of age and not a party to this action. My business
4 address is 350 University Avenue, Suite 200, Sacramento, California 95825.
5 On the date below, I served the following document: ANSWER TO FIRST AMENDED
6 COMPLAINT
7
BY MAIL: I placed the envelope for collection and mailing, following our ordinary business practices.
8 I am readily familiar with this business’ practice for collecting and processing correspondence for mailing.
On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary
9 course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid.
10 BY PERSONAL SERVICE: I caused such document to be personally delivered to the person(s)
addressed below.
11 BY OVERNIGHT DELIVERY: I enclosed the documents in an envelope or package provided by an
overnight delivery carrier and addressed to the person(s) listed below. I placed the envelope or package
12 for collection and overnight delivery at my office or a regularly utilized drop box of the overnight delivery
carrier.
13 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 numbers listed below. No error was reported by the fax
14
machine that I used. A copy of the record of the fax transmission, which I printed out, is attached
15 BY ELECTRONIC SERVICE: By e-mailing the document(s) to the persons at the e-mail address(es)
listed. Due to a shelter-in-place order issued on account of the Covid-19 pandemic, this office will be
16 primarily working remotely, unable to send or receive physical mail as usual, and is therefore using only
electronic mail. No electronic message or other indication that the transmission was unsuccessful was
17 received within a reasonable time after the transmission.”
18
19 Jill P. Telfer
TELFER LAW
20 331 J Street, Suite 200
21 Sacramento, CA 95814
jtelfer@telferlaw.com
22 jchau@telferlaw.com
mguevara@telferlaw.com
23 cmurphy@telferlaw.com
24
I declare under penalty of perjury under the laws of the State of California that the foregoing is
25 true and correct. Executed at Sacramento, California on February 8, 2021.
26
27 ___________________________________
Cindy A. Grandinetti
28
{02364541.DOCX} 4
ANSWER TO FIRST AMENDED COMPLAINT
Preview
1 A PROFESSIONAL CORPORATION 2/8/2021 2 Derek J. Haynes, SBN 264621 3 Marc A. Rodriguez, SBN 329938 350 University Avenue, Suite 200 4 Sacramento, California 95825 TEL: 916.929.1481 5 FAX: 916.927.3706 6 Attorneys for Defendants 7 THE BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY and CHICO STATE ENTERPRISES 8 Exempt From Filing Fees Pursuant to Government Code § 6103 9 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE 10 11 BROOKS O’BRIEN, Case No. 20CV01050 12 Plaintiff, ANSWER TO FIRST AMENDED 13 COMPLAINT 14 v. 15 THE BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, Complaint Filed: 05/20/20 16 CHICO STATE ENTERPRISES, and 17 DOES 1 through 10, inclusive. 18 Defendants. 19 __________________________________/ 20 21 Defendants THE BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY and 22 CHICO STATE ENTERPRISES hereby answer Plaintiff’s First Amended Complaint (“Complaint”) as 23 follows: 24 I. 25 GENERAL DENIAL 26 Defendants deny generally and specifically each and every allegation of Plaintiff’s Complaint and 27 each and every alleged cause of action therein, and further deny Plaintiff was or will be damaged in any 28 sum or sums whatsoever. {02364541.DOCX} 1 ANSWER TO FIRST AMENDED COMPLAINT 1 II. 2 AFFIRMATIVE DEFENSES 3 FIRST AFFIRMATIVE DEFENSE 4 The Complaint, in its entirety, and through each separately stated cause of action, fails to state 5 facts sufficient to constitute a viable cause of action against Defendants. 6 SECOND AFFIRMATIVE DEFENSE 7 At all times, Defendants acted in good faith, without malice and took any and all actions for 8 legitimate, non-discriminatory, non-retaliatory reasons. 9 THIRD AFFIRMATIVE DEFENSE 10 To the extent Plaintiff failed to fully and timely exhaust his administrative remedies with the 11 Department of Fair Employment and Housing as required by Government Code § 12960 et seq., her 12 statutory claims are barred. 13 FOURTH AFFIRMATIVE DEFENSE 14 Plaintiff’s claims, either in whole or in part, are barred by the applicable statute of limitations. 15 FIFTH AFFIRMATIVE DEFENSE 16 To the extent Plaintiff is making any claims for injuries, those claims are barred by the exclusive 17 remedies provided by Labor Code § 3602, et seq. 18 SIXTH AFFIRMATIVE DEFENSE 19 Plaintiff’s claims against Defendant THE BOARD OF TRUSTEES OF THE CALIFORNIA 20 STATE UNIVERSITY are barred because it was not Plaintiff’s employer. 21 SEVENTH AFFIRMATIVE DEFENSE 22 Plaintiff’s claims are barred in whole or in part and are subject to reduction to the extent she failed 23 to mitigate her damages, if any. 24 EIGHTH AFFIRMATIVE DEFENSE 25 If Plaintiff suffered any emotional distress, which Defendants deny, such emotional distress was 26 proximately caused by factors other than Defendants’ actions. 27 NINTH AFFIRMATIVE DEFENSE 28 Plaintiff’s action may be barred and/or Defendants’ liability may be limited by after-acquired {02364541.DOCX} 2 ANSWER TO FIRST AMENDED COMPLAINT 1 evidence of Plaintiff’s misconduct, acts or omissions. 2 TENTH AFFIRMATIVE DEFENSE 3 Plaintiff’s action may be barred and/or Defendants’ liability may be limited because Defendants’ 4 employment actions were justified by reasonable factors other than age. 5 III. 6 PRAYER 7 WHEREFORE, Defendants pray for judgment, costs of suit, attorney fees, and any other relief the 8 Court deems just and proper. 9 10 Dated: February 8, 2021 PORTER SCOTT A PROFESSIONAL CORPORATION 11 12 D By __________________________________ 13 Derek J. Haynes Marc A. Rodriguez 14 Attorneys for Defendants 15 16 17 18 19 20 21 22 23 24 25 26 27 28 {02364541.DOCX} 3 ANSWER TO FIRST AMENDED COMPLAINT Brooks O’Brien v. The Board of Trustees of the California State University, et al. 1 Butte County Superior Court Case No. 20CV01050 2 PROOF OF SERVICE 3 At the time of service, I was over 18 years of age and not a party to this action. My business 4 address is 350 University Avenue, Suite 200, Sacramento, California 95825. 5 On the date below, I served the following document: ANSWER TO FIRST AMENDED 6 COMPLAINT 7 BY MAIL: I placed the envelope for collection and mailing, following our ordinary business practices. 8 I am readily familiar with this business’ practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary 9 course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. 10 BY PERSONAL SERVICE: I caused such document to be personally delivered to the person(s) addressed below. 11 BY OVERNIGHT DELIVERY: I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the person(s) listed below. I placed the envelope or package 12 for collection and overnight delivery at my office or a regularly utilized drop box of the overnight delivery carrier. 13 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 numbers listed below. No error was reported by the fax 14 machine that I used. A copy of the record of the fax transmission, which I printed out, is attached 15 BY ELECTRONIC SERVICE: By e-mailing the document(s) to the persons at the e-mail address(es) listed. Due to a shelter-in-place order issued on account of the Covid-19 pandemic, this office will be 16 primarily working remotely, unable to send or receive physical mail as usual, and is therefore using only electronic mail. No electronic message or other indication that the transmission was unsuccessful was 17 received within a reasonable time after the transmission.” 18 19 Jill P. Telfer TELFER LAW 20 331 J Street, Suite 200 21 Sacramento, CA 95814 jtelfer@telferlaw.com 22 jchau@telferlaw.com mguevara@telferlaw.com 23 cmurphy@telferlaw.com 24 I declare under penalty of perjury under the laws of the State of California that the foregoing is 25 true and correct. Executed at Sacramento, California on February 8, 2021. 26 27 ___________________________________ Cindy A. Grandinetti 28 {02364541.DOCX} 4 ANSWER TO FIRST AMENDED COMPLAINT