Preview
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A PROFESSIONAL CORPORATION
2 David A. Melton, SBN 176340
Olatomiwa T. Aina, SBN 325566
4/27/2021
3 Andre D. Martin, SBN 330779
350 University Avenue, Suite 200
4 Sacramento, California 95825
TEL: 916.929.1481
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FAX: 916.927.3706
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7 Attorneys for Defendant
WALMART INC.
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF BUTTE
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13 XOCHITL MEZA, CASE NO: 21CV00598
14 Plaintiff, DEFENDANT WALMART INC.’S
ANSWER
15 vs.
16 WALMART INC.,
17 Defendants.
18 Defendant WALMART INC. (“Defendant”) hereby answers the Original Complaint
19 (“Complaint”) filed by Plaintiff XOCHITL MEZA (“Plaintiff”):
20 GENERAL AND SPECIFIC DENIALS
21 Pursuant to the provisions of California Code of Civil Procedure section 431.30(d),
22 Defendant denies, generally and specifically, each and every allegation contained in the Complaint,
23 and further denies that Plaintiff has been damaged in the amount or amounts alleged therein, or in
24 any other amount, or at all, by reason of any act or omission on the part of Defendant, or by any act
25 or omission by any agent or employee of Defendant. Defendant further denies, generally and
26 specifically, that Plaintiff is entitled to any relief whatsoever.
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{02406188.DOCX} 1
ANSWER
1 AFFIRMATIVE DEFENSES
2 FIRST AFFIRMATIVE DEFENSE
3 (Failure to State a Cause of Action)
4 The Complaint, and each and every cause of action alleged therein fails to state facts
sufficient to constitute a cause of action for which relief may be granted.
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SECOND AFFIRMATIVE DEFENSE
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(Accidental or Unavoidable Injury)
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The Complaint, and each and every cause of action alleged therein, is barred because
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Defendant was not negligent at the time of the accident.
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THIRD AFFIRMATIVE DEFENSE
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(Acts of Other Parties)
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Defendant alleges that, if Defendant is subjected to any liability by Plaintiff, it will be due
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in whole or in part to the acts and/or omissions of other parties, or parties unknown at this time, and
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any recovery obtained by Plaintiff should be barred or reduced according to law, up to and including
14 the whole thereof.
15 FOURTH AFFIRMATIVE DEFENSE
16 (Comparative Negligence)
17 Defendant alleges that Plaintiff was negligent, and otherwise at fault, with regard to the
18 events alleged in the Complaint, and such negligence and fault is the proximate cause of any
19 liabilities or damages Plaintiff may incur. Accordingly, Plaintiff’s recovery, if any, should be
20 precluded or reduced in proportion to their negligence and fault.
21 FIFTH AFFIRMATIVE DEFENSE
22 (Exercise of Reasonable Care)
Defendant exercised reasonable care and did not know, and in the exercise of reasonable
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care could not have known, of the alleged acts or allegations in connection with the conditions which
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are the subject of the Complaint.
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{02406188.DOCX} 2
ANSWER
1 SIXTH AFFIRMATIVE DEFENSE
2 (Failure of Others to Exercise Reasonable Care)
3 If Defendant is subjected to any liability herein, it will be due in whole, or in part, to the acts
4 and/or omissions of other Defendants or other parties unknown at this time, and any recovery
obtained by Plaintiff should be barred or reduced according to law, up to and including the whole
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thereof.
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SEVENTH AFFIRMATIVE DEFENSE
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(Failure to Exercise Ordinary Care)
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The Complaint, and each and every cause of action alleged therein, is barred in that Plaintiff
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failed to exercise ordinary and reasonable care on Plaintiff’s own behalf and such negligence and
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carelessness was a proximate cause of some portion, up to and including the whole of, Plaintiff’s
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own alleged injuries and damages, if any, and Plaintiff’s recovery therefore should be barred or
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reduced according to law, up to and including the whole thereof.
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EIGHTH AFFIRMATIVE DEFENSE
14 (Failure to Mitigate Damages)
15 Plaintiff failed to take reasonable steps and make reasonable expenditures to reduce
16 Plaintiff’s claims, damages, losses, if any, and that said failure to mitigate Plaintiff’s damages bars
17 or reduces any claims, losses, or damages.
18 NINTH AFFIRMATIVE DEFENSE
19 (Intervening Acts of Others)
20 The Complaint, and each and every cause of action alleged therein, is barred because the
21 injuries and damages sustained by Plaintiff, if any, were proximately caused by the intervening and
22 superseding actions of others, which intervening and superseding actions bar and/or diminish
Plaintiff’s recovery, if any, against Defendant.
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TENTH AFFIRMATIVE DEFENSE
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(No Constructive Notice of Dangerous Condition)
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The Complaint, and each and every cause of action alleged therein, is barred by the fact that
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Defendant did not have constructive notice of the allegedly unsafe conditions on the premises.
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{02406188.DOCX} 3
ANSWER
1 ELEVENTH AFFIRMATIVE DEFENSE
2 (Obvious Danger)
3 Defendant alleges that Plaintiff failed to exercise reasonable and ordinary care, caution, or
4 prudence for Plaintiff’s own safety in order to avoid the alleged accident. The resulting injuries and
damages, if any, sustained by Plaintiff were proximately caused and contributed to by the negligence
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of Plaintiff, in that any possible danger with regard to the accident in question was obvious to anyone
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using reasonable care.
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TWELFTH AFFIRMATIVE DEFENSE
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(Several Liability for Non-Economic Damages)
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If Defendant has any liability to Plaintiff in this action, which is denied, it is only severally
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liable for Plaintiff’s non-economic damages under California Civil Code sections 1431.1 and 1431.2.
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Therefore, Defendant requests a judicial determination of the percentage of its negligence, if any,
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which proximately contributed to the subject incident.
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THIRTEENTH AFFIRMATIVE DEFENSE
14 (Statute of Limitations)
15 The Complaint, and each and every cause of action alleged therein, is barred by the
16 applicable statute of limitations, including, but not limited to, Government Code sections 12960 and
17 12965; Code of Civil Procedure sections 335.1, 337, 338, 339, 340 and 343; and Business and
18 Professions Code section 17208.
19 FOURTEENTH AFFIRMATIVE DEFENSE
20 (Additional Defenses)
21 Defendant may have additional defenses that cannot be articulated due to Plaintiff’s failure
22 to particularize Plaintiff’s claims, due to the fact that Defendant does not have copies of certain
DOCUMENTS bearing on Plaintiff’s claims and due to Plaintiff’s failure to provide more specific
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information concerning the nature of the damage claims and claims for certain costs for which
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Plaintiff alleges that Defendant may share some responsibility. Defendant therefore reserves the
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right to assert additional defenses upon further particularization of Plaintiff’s claims, upon
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examination of the DOCUMENTS provided, upon discovery of further information concerning the
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{02406188.DOCX} 4
ANSWER
1 alleged damage claims and claims for costs, and upon the development of other pertinent
2 information.
3 PRAYER FOR RELIEF
4 WHEREFORE, Defendant prays for judgment as follows:
1. That Plaintiff takes nothing by way of the Complaint;
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2. That judgment be entered against Plaintiff and in favor of Defendant on all causes of
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action;
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3. That Defendant be awarded attorneys’ fees and costs of suit incurred herein; and
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4. That Defendant be awarded such other and further relief as the Court may deem just
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and proper.
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DEMAND FOR JURY TRIAL
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Defendant hereby demands a trial by jury in the above-entitled matter.
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13 Dated: April 27, 2021 PORTER SCOTT
A PROFESSIONAL CORPORATION
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By S David A. Melton
17 Attorney for Defendant
WALMART INC.
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{02406188.DOCX} 5
ANSWER
1 CASE NAME: MEZA v. WALMART INC.
COURT: BUTTE COUNTY SUPERIOR COURT
2 CASE NO.: 21CV00598
3
PROOF OF SERVICE
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At the time of service, I was over 18 years of age and not a party to this action. My
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business address is 350 University Avenue, Suite 200, Sacramento, California 95825.
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On the date below, I served the following document: ANSWER TO COMPLAINT
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BY MAIL: I placed the envelope for collection and mailing, following our ordinary business
8 practices. I am readily familiar with this business’ practice for collecting and processing
XX
correspondence for mailing. On the same day that correspondence is placed for collection and mailing,
9 it is deposited in the ordinary course of business with the United States Postal Service, in a sealed
envelope with postage fully prepaid.
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BY PERSONAL SERVICE. I personally delivered the document(s) to the person(s) at the address(es)
listed below. (1) For a party represented by an attorney, delivery was made (a) to the attorney
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personally; or (b) by leaving the documents at the attorney’s office, in an envelope or package clearly
12 labeled to identify the attorney being served, with a receptionist or an individual in charge of the
office; or (c) if there was no person in the office with whom the notice or papers could be left, by
leaving them in a conspicuous place in the office between the hours of 9:00 a.m. and 5:00 p.m. (2) For
350 University Ave., Suite 200
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a party, delivery was made to the party or by leaving the documents at the party’s residence with some
95825
PORTER | SCOTT
FAX: 916.927.3706
TEL: 916.929.1481
14 person not younger than 18 years of age between the hours of 8:00 a.m. and 6:00 p.m.
BY FAX TRANSMISSION: Based on an agreement of the parties to accept service by fax
Sacramento, CA
15 transmission, I faxed the documents to the persons at the fax numbers listed below. No error was
reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed
16 out, is attached
BY ELECTRONIC SERVICE: Based on a court order or an agreement of the parties to accept
17 service by electronic transmission, I caused the documents to be sent to the persons at the electronic
notification address listed below.
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Addressed as follows:
19 Brian Michael Pratt
The Law Offices of Max G. Arnold
20
1410 Neotomas Avenue, Suite 100
21 Santa Rosa, CA 95405
brian@maxgarnold.com
22 litdocs@maxgarnold.com
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I declare under penalty of perjury under the laws of the State of California that the
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foregoing is true and correct. Executed at Sacramento, California on April 27, 2021.
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M
Molly A. Flores
{02406200.DOCX} 1
PROOF OF SERVICE
Preview
1 A PROFESSIONAL CORPORATION 2 David A. Melton, SBN 176340 Olatomiwa T. Aina, SBN 325566 4/27/2021 3 Andre D. Martin, SBN 330779 350 University Avenue, Suite 200 4 Sacramento, California 95825 TEL: 916.929.1481 5 FAX: 916.927.3706 6 7 Attorneys for Defendant WALMART INC. 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF BUTTE 11 12 13 XOCHITL MEZA, CASE NO: 21CV00598 14 Plaintiff, DEFENDANT WALMART INC.’S ANSWER 15 vs. 16 WALMART INC., 17 Defendants. 18 Defendant WALMART INC. (“Defendant”) hereby answers the Original Complaint 19 (“Complaint”) filed by Plaintiff XOCHITL MEZA (“Plaintiff”): 20 GENERAL AND SPECIFIC DENIALS 21 Pursuant to the provisions of California Code of Civil Procedure section 431.30(d), 22 Defendant denies, generally and specifically, each and every allegation contained in the Complaint, 23 and further denies that Plaintiff has been damaged in the amount or amounts alleged therein, or in 24 any other amount, or at all, by reason of any act or omission on the part of Defendant, or by any act 25 or omission by any agent or employee of Defendant. Defendant further denies, generally and 26 specifically, that Plaintiff is entitled to any relief whatsoever. 27 // // 28 {02406188.DOCX} 1 ANSWER 1 AFFIRMATIVE DEFENSES 2 FIRST AFFIRMATIVE DEFENSE 3 (Failure to State a Cause of Action) 4 The Complaint, and each and every cause of action alleged therein fails to state facts sufficient to constitute a cause of action for which relief may be granted. 5 SECOND AFFIRMATIVE DEFENSE 6 (Accidental or Unavoidable Injury) 7 The Complaint, and each and every cause of action alleged therein, is barred because 8 Defendant was not negligent at the time of the accident. 9 THIRD AFFIRMATIVE DEFENSE 10 (Acts of Other Parties) 11 Defendant alleges that, if Defendant is subjected to any liability by Plaintiff, it will be due 12 in whole or in part to the acts and/or omissions of other parties, or parties unknown at this time, and 13 any recovery obtained by Plaintiff should be barred or reduced according to law, up to and including 14 the whole thereof. 15 FOURTH AFFIRMATIVE DEFENSE 16 (Comparative Negligence) 17 Defendant alleges that Plaintiff was negligent, and otherwise at fault, with regard to the 18 events alleged in the Complaint, and such negligence and fault is the proximate cause of any 19 liabilities or damages Plaintiff may incur. Accordingly, Plaintiff’s recovery, if any, should be 20 precluded or reduced in proportion to their negligence and fault. 21 FIFTH AFFIRMATIVE DEFENSE 22 (Exercise of Reasonable Care) Defendant exercised reasonable care and did not know, and in the exercise of reasonable 23 care could not have known, of the alleged acts or allegations in connection with the conditions which 24 are the subject of the Complaint. 25 // 26 // 27 // 28 {02406188.DOCX} 2 ANSWER 1 SIXTH AFFIRMATIVE DEFENSE 2 (Failure of Others to Exercise Reasonable Care) 3 If Defendant is subjected to any liability herein, it will be due in whole, or in part, to the acts 4 and/or omissions of other Defendants or other parties unknown at this time, and any recovery obtained by Plaintiff should be barred or reduced according to law, up to and including the whole 5 thereof. 6 SEVENTH AFFIRMATIVE DEFENSE 7 (Failure to Exercise Ordinary Care) 8 The Complaint, and each and every cause of action alleged therein, is barred in that Plaintiff 9 failed to exercise ordinary and reasonable care on Plaintiff’s own behalf and such negligence and 10 carelessness was a proximate cause of some portion, up to and including the whole of, Plaintiff’s 11 own alleged injuries and damages, if any, and Plaintiff’s recovery therefore should be barred or 12 reduced according to law, up to and including the whole thereof. 13 EIGHTH AFFIRMATIVE DEFENSE 14 (Failure to Mitigate Damages) 15 Plaintiff failed to take reasonable steps and make reasonable expenditures to reduce 16 Plaintiff’s claims, damages, losses, if any, and that said failure to mitigate Plaintiff’s damages bars 17 or reduces any claims, losses, or damages. 18 NINTH AFFIRMATIVE DEFENSE 19 (Intervening Acts of Others) 20 The Complaint, and each and every cause of action alleged therein, is barred because the 21 injuries and damages sustained by Plaintiff, if any, were proximately caused by the intervening and 22 superseding actions of others, which intervening and superseding actions bar and/or diminish Plaintiff’s recovery, if any, against Defendant. 23 TENTH AFFIRMATIVE DEFENSE 24 (No Constructive Notice of Dangerous Condition) 25 The Complaint, and each and every cause of action alleged therein, is barred by the fact that 26 Defendant did not have constructive notice of the allegedly unsafe conditions on the premises. 27 // 28 {02406188.DOCX} 3 ANSWER 1 ELEVENTH AFFIRMATIVE DEFENSE 2 (Obvious Danger) 3 Defendant alleges that Plaintiff failed to exercise reasonable and ordinary care, caution, or 4 prudence for Plaintiff’s own safety in order to avoid the alleged accident. The resulting injuries and damages, if any, sustained by Plaintiff were proximately caused and contributed to by the negligence 5 of Plaintiff, in that any possible danger with regard to the accident in question was obvious to anyone 6 using reasonable care. 7 TWELFTH AFFIRMATIVE DEFENSE 8 (Several Liability for Non-Economic Damages) 9 If Defendant has any liability to Plaintiff in this action, which is denied, it is only severally 10 liable for Plaintiff’s non-economic damages under California Civil Code sections 1431.1 and 1431.2. 11 Therefore, Defendant requests a judicial determination of the percentage of its negligence, if any, 12 which proximately contributed to the subject incident. 13 THIRTEENTH AFFIRMATIVE DEFENSE 14 (Statute of Limitations) 15 The Complaint, and each and every cause of action alleged therein, is barred by the 16 applicable statute of limitations, including, but not limited to, Government Code sections 12960 and 17 12965; Code of Civil Procedure sections 335.1, 337, 338, 339, 340 and 343; and Business and 18 Professions Code section 17208. 19 FOURTEENTH AFFIRMATIVE DEFENSE 20 (Additional Defenses) 21 Defendant may have additional defenses that cannot be articulated due to Plaintiff’s failure 22 to particularize Plaintiff’s claims, due to the fact that Defendant does not have copies of certain DOCUMENTS bearing on Plaintiff’s claims and due to Plaintiff’s failure to provide more specific 23 information concerning the nature of the damage claims and claims for certain costs for which 24 Plaintiff alleges that Defendant may share some responsibility. Defendant therefore reserves the 25 right to assert additional defenses upon further particularization of Plaintiff’s claims, upon 26 examination of the DOCUMENTS provided, upon discovery of further information concerning the 27 28 {02406188.DOCX} 4 ANSWER 1 alleged damage claims and claims for costs, and upon the development of other pertinent 2 information. 3 PRAYER FOR RELIEF 4 WHEREFORE, Defendant prays for judgment as follows: 1. That Plaintiff takes nothing by way of the Complaint; 5 2. That judgment be entered against Plaintiff and in favor of Defendant on all causes of 6 action; 7 3. That Defendant be awarded attorneys’ fees and costs of suit incurred herein; and 8 4. That Defendant be awarded such other and further relief as the Court may deem just 9 and proper. 10 DEMAND FOR JURY TRIAL 11 Defendant hereby demands a trial by jury in the above-entitled matter. 12 13 Dated: April 27, 2021 PORTER SCOTT A PROFESSIONAL CORPORATION 14 15 16 By S David A. Melton 17 Attorney for Defendant WALMART INC. 18 19 20 21 22 23 24 25 26 27 28 {02406188.DOCX} 5 ANSWER 1 CASE NAME: MEZA v. WALMART INC. COURT: BUTTE COUNTY SUPERIOR COURT 2 CASE NO.: 21CV00598 3 PROOF OF SERVICE 4 At the time of service, I was over 18 years of age and not a party to this action. My 5 business address is 350 University Avenue, Suite 200, Sacramento, California 95825. 6 On the date below, I served the following document: ANSWER TO COMPLAINT 7 BY MAIL: I placed the envelope for collection and mailing, following our ordinary business 8 practices. I am readily familiar with this business’ practice for collecting and processing XX correspondence for mailing. On the same day that correspondence is placed for collection and mailing, 9 it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. 10 BY PERSONAL SERVICE. I personally delivered the document(s) to the person(s) at the address(es) listed below. (1) For a party represented by an attorney, delivery was made (a) to the attorney 11 personally; or (b) by leaving the documents at the attorney’s office, in an envelope or package clearly 12 labeled to identify the attorney being served, with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left, by leaving them in a conspicuous place in the office between the hours of 9:00 a.m. and 5:00 p.m. (2) For 350 University Ave., Suite 200 13 a party, delivery was made to the party or by leaving the documents at the party’s residence with some 95825 PORTER | SCOTT FAX: 916.927.3706 TEL: 916.929.1481 14 person not younger than 18 years of age between the hours of 8:00 a.m. and 6:00 p.m. BY FAX TRANSMISSION: Based on an agreement of the parties to accept service by fax Sacramento, CA 15 transmission, I faxed the documents to the persons at the fax numbers listed below. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed 16 out, is attached BY ELECTRONIC SERVICE: Based on a court order or an agreement of the parties to accept 17 service by electronic transmission, I caused the documents to be sent to the persons at the electronic notification address listed below. 18 Addressed as follows: 19 Brian Michael Pratt The Law Offices of Max G. Arnold 20 1410 Neotomas Avenue, Suite 100 21 Santa Rosa, CA 95405 brian@maxgarnold.com 22 litdocs@maxgarnold.com 23 I declare under penalty of perjury under the laws of the State of California that the 24 foregoing is true and correct. Executed at Sacramento, California on April 27, 2021. 25 26 27 28 M Molly A. Flores {02406200.DOCX} 1 PROOF OF SERVICE