Preview
KEVIN K. CI-IOLAKIAN
D
(S.B.- #103423) 550x
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WK
A SUgEHlOH C? RT of 4
ANTA SAL|FORNM
J. (S. 2.368).
OUNTY °
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ARBARA
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,
finn cno akiamnet CA
SOCIATES -
.
MAY 7 2015
A Professional
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Corporation Fm
400 Oyster Point Blvd., Ste. 415 Wll®®l®llll®
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South San Francisco, CA 94080
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Tclcphonc: (155%) 871-9544 . . .
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FacSImile:
\OWQGMAUNH (65 )871-9552
5n.
Attemeys for Defendant
BONITA PACKING co. (errqncously sued as BONITA PACKING), wq
andBE'TTERAVI/x FARMS LLC,_ (crrpncqusly suc‘d as BETTERAVIA FARMS) ST
SUPERIOR COURT OF CALIFORNIA #-
COUNTY OF SANTA BARBARA
UNLIMITED CIVIL JURISDICTION
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ll;
Ca” N“ [4576"
DAVID DODD and MICHELLE DODD
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I
DEFENDANTS BONITA PACKING C0.
OUPORNIA
ASSOCIATES
BLVD‘SIJI'I‘K
Plaintiff,
AND BETTER'AYIA FARMS LLC’S
8r.
0386613
VS- ANSWER TO' COMPLAINT IN
law
POINT
PIANO”;
INTERVENTION BY YORK INSURANCE
SERVICES GROUP, INC.
anamm
BONITA PACKING, BETI‘ERAVIA-FARMS BY FAX
CHOLAKIAN
OYSTER
MN
4”
sount
and DOES lto 10,
Defendants.
oaslmmtNHotooo-uaxmuwmuo
YORK INSURANCE SERVICES GROUP, INC.
Complainant in Intervmtion
.
VS;
BONITA PACKING, BETTERAVIA
FARMS, and DOES l tq 10.1nclusivc,
Defendants in Inlerventiqn
COMES NOW Defendants; BONITA PACKING CO.- AND BETTERAVIA FARMS
LLC (“DBFENDANTS”). and in answer to Complaint In Intervention, filed by Plaintiff in
Intervention YORK‘INSURANCE SERVICES GROUP INC. (“Co'm'pl'aint In- 111tcrvcntionI‘) (m
259 064 .|
'.
DEFENDANTS BONITA PACKING 00. AND naniz'RAwAMnms uc's $143n TO COMPLAINT m mmnvtzmiofl a?
YORK msunmcs seawtas GROUP. INC.
file herein, alleges as follows:
GEN DE
Pursuant to the provisions of Section 431.30(d) of the California Code of Civil
Procedure. defendant herein denies each and every, all and singular. the allegations of the
Complaint and a further denial
\DWNO‘MAwN—l
is made that any plaintiff has sustained any damage, whether in
the amounts set forth in the Complaint. or in any other sum or sums, or at all,by reason of any
act or omission on the part of this answering defendant.
Further, these answering DEFENDANTS generally deny liability for all Causes of
Action alleged against them in the Complaint In Intervention.
0
5—.
AFFIRMATIV E DEFENSES
H
o-
Defendants. BONITA PACKING CO. AND BETTERAVIA FARMS LLC, hereby
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-—-
assert the following separate and distinct, Affirmative Defenses to the Complaint In Invention:
H LAI
ILVD..SUITBQIS.
ASSOCIATES
l. The Complaint in Invention. and all causes ot‘ action contained therein, has failed to
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set forth facts and allegations sufficient to constitute a cause of action against the answering
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www.mmum
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Defendant.
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The action Statutes of Limitations, including but not
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v—
2. is barred by the appropriate
CHOLAKIAN
40m
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-—-
limited to. the following separate and distinct sections of the
00
t-e
337, sega
91,.
- \D 3.The action is barred by the appropriate Statutes of LimitatiOns. including but not
NO limited to. the following separate and distinct sections of the
MH 337-1. atm
NN 4. The action is barred by the appropriate Statutes of Limitations. including but not
N t».
limited to, the following separate and distinct sections of the Qalifornia Code 91 Civil Pmcedge:
NA 337.15, :1, seg.
NM S.The action isbarred by the appropriate Statutes of Limitations. including but not
N as limited to, the following separate and distinct sections of the Qalifgmia ne of Civil Egocedure:
cum
I
N \I
338.
00
~N
DEFENDANTS BONITA PACKING 00. AND aamazwm FARMS LLC‘SANSWER TO COMPLAINT lN INTERVENTION av
YORK INSURANCE SERVICES GROUP. INC.
m
6. The action is barred by the appropriate Statutes of Limitations. including but not
limited to, the following separate and distinct sections of the Qgifgmia Code of Ciyil Procedure:
339,
m
7. The action is barred by the appropriate Statutes of Limitations, inelu'dingbut not
OWQO‘MJSUNn—n
limited to, the following separate and distinct sections of the
340,
8. That at alltimes and places mentioned in the Complaint In Invention. Plaintiff was
fully aware of all of the facts, matters and circumstances surrounding said matters, and
knowingly and voluntarily assumed the rik of injury and/or damage. if any there was.
C)
9. That any finding of negligence against the answering Defendants should be compared
.—-._-
I-e
to the negligence of all other parties to this action, including all plaintiffs, intervencrs,
HN Defendants. crossgcomplainants and crosseDefendants herein.
ASSOCIATES
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0—:
10. That Plaintiff was careless and negligent in and about the matters referred to in the
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v—-
Complaint In Invention, and that said carelessness and negligence on the part of the Plaintiff
“MWBLVD‘WW
proximately contributed and/or was the sole proximate contributing cause of the incident
unmet
s—o
somsansamascacaurommm to
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if any there be. and that such
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.—-
CHOLAKIANGC
referred to in the Complaint In Invention and resulting injuries,
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negligence by Plaintiff is imputable to theintervener herein. by operatiOn of law.
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u— 1 I.That Plaintiffs’ injuries. if any, were caused,.in whole or in part, by- the negligence of
the Plaintiff‘s employer, their agents or employees. and that such negligence is'itnputable to
ofm
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—-
NO intervener; and this party is entitled to its rights and defense pursuant to the rules
N'-‘
laglsssm (1961), 57 Cal.2d 57.
MN 12. That the alleged injuries or damages suffered by Plaintiffs, if any there he. were the
Mu sole and proximate results of the willful misconduct of Plaintiff. _
NA 13. Defendant incorporates herein by reference, as though the same were set forth
M VI verbatim herein, their answer to complaint in action number 1457671 filed in the Superior Court
N 0‘ of the State of California in and for the County of Santa Barbara and all affirmative defenses
N\l
therein alleged.
N 00 / H
259 064 ~3-
DEPENDANTS BONITA PACKING CO. AND BETTER/WM FARMS I.LC'S ANSWER TO COMPLAINT IN INTERVENTION BY
YORK INSURANCE SERVICES OROU P. INC.
0—0
WI-IEREFORE, Defendants prays forjudgmentias follows:
to 1. That Plaintiff takes nothing by way of the Complaint In Invention on file herein;
b)
2.. That Defendant be hence dismissed with costs of 'suit incurred herein; and
A 3. For such other and further relief as the coun may deem just and proper.
DATED: CHOLAKIAN & ASSOCIATES
LII
April 23, 2015
A mes‘sionaI Corp ation
WJ'G
co
By
Kev n K. Ch lakian, Esq.
‘0 Bri J. Fi ,-Esq.
Attorneys for Defendants
BONITA PACKING CO. and BETTBRAVIA
FARMS LLC
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misuntns.
ASSOCIATES
at WUWMA
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mum enema-“cm
“WNW!
CHOLAKIAN
WSAN
259 064 at.
DEFENDAN’J‘S BONITA PACKING C0. AND BETTERAVIA FARMS l-l-C'S ANSWER TO COMPLAINT IN INTERVENTION BY
YOKK INSURANCE SERVICES GROUP, INC.
~
M ~
Santa Ba rbsra Superior Court
Case. No:1457671
I. the undersigned. hereby declare that i an: a resident of the United States. over the age
of eighteen years and not a party to the within action. My business address is 400 Oyster Point
Blvd.. Suite 415, South San Francisco, California 94080. I am employed in the County of San
Mateo where“ this service occurs. 1 am readily familiar with my employer's normal business
'OWQOM-huNp—n
practice for collection and processing of correspondence for mailing with the U.S. Postal
Service. and that practice is that correspondence is deposited with the U. S. Postal Service the
same day as the day of collection in the ordinary course of busines.
On the date set forth below, following ordinary business practice, l served or caused to
be served the within:
DEFENDANTS BONITA PACKING CO. AND BETTERAVIA FARMS LLC’S ANSWER
O TO COMPLAINT IN INTERVENTION BY YORK INSURANCE SERVICES GROUP,
F‘
on the interested parties to this action by placing a true and correct copy thereof enclosed in a
N
Russell R. 'tterman , Esq. Attorneys for Platntwis David Dodd and
Michelle Dodd
‘ _
U Crystal C. Forsher, Esq.
GHITTERMAN. GHITTERMAN a FELD
418 E. Canon Perdido Street
w“
u Santa Barbara, CA 93101
Mihn N. Hoang. Esq. Atmmeyfar Intervene!- Yark Inmance
'
G
GIBSON & SHARPS, PSC Services Group. Inc.
u 2415 San Ramon Valley Blvd #4416
San Ramon CA 94583
on
The documents were served by the following means:
(BY MAIL)
‘O
1] Isealed the envelope(s). with postage thereon hilly prepaid, and on the
O date below. I am readily familiar with the firm's practice for 'coileetion and processing
carrespondenoe for mailing. Under that practice. on eh same day that correspondence is
F.
placed for collection and mailing, it is deposited in the ordinary course of business with
N
W
E the U.S. Postal service.
(BY OVERNIGHT DELIVERY) By placing such sealed envelope, delivery fees paid,
in a facility regularly maintained by an overnight delivery service for receipt of such
documents. (CCP §lOl3)
-h El (BY FACSiMILE) By transmitting to a facsimile machine maintained by the recipient
UI
Q
E at the facsimile machine telephone number as last
(STATE)
that the
I
above
declare
is
under penalty
true and correct.
of perjury under
iven
the
b
laws
that
of is
arson.
State of California
May S, 2015
\I
Executed on‘ at South San Francisco, Calif is.
259 064 PROOF OF SERVICE
Preview
KEVIN K. CI-IOLAKIAN D (S.B.- #103423) 550x "I l- E WK A SUgEHlOH C? RT of 4 ANTA SAL|FORNM J. (S. 2.368). OUNTY ° , ARBARA . , finn cno akiamnet CA SOCIATES - . MAY 7 2015 A Professional ~ Corporation Fm 400 Oyster Point Blvd., Ste. 415 Wll®®l®llll® ' ' South San Francisco, CA 94080 m J Tclcphonc: (155%) 871-9544 . . . ‘ FacSImile: \OWQGMAUNH (65 )871-9552 5n. Attemeys for Defendant BONITA PACKING co. (errqncously sued as BONITA PACKING), wq andBE'TTERAVI/x FARMS LLC,_ (crrpncqusly suc‘d as BETTERAVIA FARMS) ST SUPERIOR COURT OF CALIFORNIA #- COUNTY OF SANTA BARBARA UNLIMITED CIVIL JURISDICTION m ll; Ca” N“ [4576" DAVID DODD and MICHELLE DODD ' I DEFENDANTS BONITA PACKING C0. OUPORNIA ASSOCIATES BLVD‘SIJI'I‘K Plaintiff, AND BETTER'AYIA FARMS LLC’S 8r. 0386613 VS- ANSWER TO' COMPLAINT IN law POINT PIANO”; INTERVENTION BY YORK INSURANCE SERVICES GROUP, INC. anamm BONITA PACKING, BETI‘ERAVIA-FARMS BY FAX CHOLAKIAN OYSTER MN 4” sount and DOES lto 10, Defendants. oaslmmtNHotooo-uaxmuwmuo YORK INSURANCE SERVICES GROUP, INC. Complainant in Intervmtion . VS; BONITA PACKING, BETTERAVIA FARMS, and DOES l tq 10.1nclusivc, Defendants in Inlerventiqn COMES NOW Defendants; BONITA PACKING CO.- AND BETTERAVIA FARMS LLC (“DBFENDANTS”). and in answer to Complaint In Intervention, filed by Plaintiff in Intervention YORK‘INSURANCE SERVICES GROUP INC. (“Co'm'pl'aint In- 111tcrvcntionI‘) (m 259 064 .| '. DEFENDANTS BONITA PACKING 00. AND naniz'RAwAMnms uc's $143n TO COMPLAINT m mmnvtzmiofl a? YORK msunmcs seawtas GROUP. INC. file herein, alleges as follows: GEN DE Pursuant to the provisions of Section 431.30(d) of the California Code of Civil Procedure. defendant herein denies each and every, all and singular. the allegations of the Complaint and a further denial \DWNO‘MAwN—l is made that any plaintiff has sustained any damage, whether in the amounts set forth in the Complaint. or in any other sum or sums, or at all,by reason of any act or omission on the part of this answering defendant. Further, these answering DEFENDANTS generally deny liability for all Causes of Action alleged against them in the Complaint In Intervention. 0 5—. AFFIRMATIV E DEFENSES H o- Defendants. BONITA PACKING CO. AND BETTERAVIA FARMS LLC, hereby N -—- assert the following separate and distinct, Affirmative Defenses to the Complaint In Invention: H LAI ILVD..SUITBQIS. ASSOCIATES l. The Complaint in Invention. and all causes ot‘ action contained therein, has failed to 0F A -‘ set forth facts and allegations sufficient to constitute a cause of action against the answering & I www.mmum omen KIN!" M -- Defendant. we The action Statutes of Limitations, including but not Amm 0‘ v— 2. is barred by the appropriate CHOLAKIAN 40m \l -—- limited to. the following separate and distinct sections of the 00 t-e 337, sega 91,. - \D 3.The action is barred by the appropriate Statutes of LimitatiOns. including but not NO limited to. the following separate and distinct sections of the MH 337-1. atm NN 4. The action is barred by the appropriate Statutes of Limitations. including but not N t». limited to, the following separate and distinct sections of the Qalifornia Code 91 Civil Pmcedge: NA 337.15, :1, seg. NM S.The action isbarred by the appropriate Statutes of Limitations. including but not N as limited to, the following separate and distinct sections of the Qalifgmia ne of Civil Egocedure: cum I N \I 338. 00 ~N DEFENDANTS BONITA PACKING 00. AND aamazwm FARMS LLC‘SANSWER TO COMPLAINT lN INTERVENTION av YORK INSURANCE SERVICES GROUP. INC. m 6. The action is barred by the appropriate Statutes of Limitations. including but not limited to, the following separate and distinct sections of the Qgifgmia Code of Ciyil Procedure: 339, m 7. The action is barred by the appropriate Statutes of Limitations, inelu'dingbut not OWQO‘MJSUNn—n limited to, the following separate and distinct sections of the 340, 8. That at alltimes and places mentioned in the Complaint In Invention. Plaintiff was fully aware of all of the facts, matters and circumstances surrounding said matters, and knowingly and voluntarily assumed the rik of injury and/or damage. if any there was. C) 9. That any finding of negligence against the answering Defendants should be compared .—-._- I-e to the negligence of all other parties to this action, including all plaintiffs, intervencrs, HN Defendants. crossgcomplainants and crosseDefendants herein. ASSOCIATES m 0—: 10. That Plaintiff was careless and negligent in and about the matters referred to in the A v—- Complaint In Invention, and that said carelessness and negligence on the part of the Plaintiff “MWBLVD‘WW proximately contributed and/or was the sole proximate contributing cause of the incident unmet s—o somsansamascacaurommm to O\_U| if any there be. and that such ‘mm .—- CHOLAKIANGC referred to in the Complaint In Invention and resulting injuries, H\l negligence by Plaintiff is imputable to theintervener herein. by operatiOn of law. W u— 1 I.That Plaintiffs’ injuries. if any, were caused,.in whole or in part, by- the negligence of the Plaintiff‘s employer, their agents or employees. and that such negligence is'itnputable to ofm \O —- NO intervener; and this party is entitled to its rights and defense pursuant to the rules N'-‘ laglsssm (1961), 57 Cal.2d 57. MN 12. That the alleged injuries or damages suffered by Plaintiffs, if any there he. were the Mu sole and proximate results of the willful misconduct of Plaintiff. _ NA 13. Defendant incorporates herein by reference, as though the same were set forth M VI verbatim herein, their answer to complaint in action number 1457671 filed in the Superior Court N 0‘ of the State of California in and for the County of Santa Barbara and all affirmative defenses N\l therein alleged. N 00 / H 259 064 ~3- DEPENDANTS BONITA PACKING CO. AND BETTER/WM FARMS I.LC'S ANSWER TO COMPLAINT IN INTERVENTION BY YORK INSURANCE SERVICES OROU P. INC. 0—0 WI-IEREFORE, Defendants prays forjudgmentias follows: to 1. That Plaintiff takes nothing by way of the Complaint In Invention on file herein; b) 2.. That Defendant be hence dismissed with costs of 'suit incurred herein; and A 3. For such other and further relief as the coun may deem just and proper. DATED: CHOLAKIAN & ASSOCIATES LII April 23, 2015 A mes‘sionaI Corp ation WJ'G co By Kev n K. Ch lakian, Esq. ‘0 Bri J. Fi ,-Esq. Attorneys for Defendants BONITA PACKING CO. and BETTBRAVIA FARMS LLC m misuntns. ASSOCIATES at WUWMA e; mum enema-“cm “WNW! CHOLAKIAN WSAN 259 064 at. DEFENDAN’J‘S BONITA PACKING C0. AND BETTERAVIA FARMS l-l-C'S ANSWER TO COMPLAINT IN INTERVENTION BY YOKK INSURANCE SERVICES GROUP, INC. ~ M ~ Santa Ba rbsra Superior Court Case. No:1457671 I. the undersigned. hereby declare that i an: a resident of the United States. over the age of eighteen years and not a party to the within action. My business address is 400 Oyster Point Blvd.. Suite 415, South San Francisco, California 94080. I am employed in the County of San Mateo where“ this service occurs. 1 am readily familiar with my employer's normal business 'OWQOM-huNp—n practice for collection and processing of correspondence for mailing with the U.S. Postal Service. and that practice is that correspondence is deposited with the U. S. Postal Service the same day as the day of collection in the ordinary course of busines. On the date set forth below, following ordinary business practice, l served or caused to be served the within: DEFENDANTS BONITA PACKING CO. AND BETTERAVIA FARMS LLC’S ANSWER O TO COMPLAINT IN INTERVENTION BY YORK INSURANCE SERVICES GROUP, F‘ on the interested parties to this action by placing a true and correct copy thereof enclosed in a N Russell R. 'tterman , Esq. Attorneys for Platntwis David Dodd and Michelle Dodd ‘ _ U Crystal C. Forsher, Esq. GHITTERMAN. GHITTERMAN a FELD 418 E. Canon Perdido Street w“ u Santa Barbara, CA 93101 Mihn N. Hoang. Esq. Atmmeyfar Intervene!- Yark Inmance ' G GIBSON & SHARPS, PSC Services Group. Inc. u 2415 San Ramon Valley Blvd #4416 San Ramon CA 94583 on The documents were served by the following means: (BY MAIL) ‘O 1] Isealed the envelope(s). with postage thereon hilly prepaid, and on the O date below. I am readily familiar with the firm's practice for 'coileetion and processing carrespondenoe for mailing. Under that practice. on eh same day that correspondence is F. placed for collection and mailing, it is deposited in the ordinary course of business with N W E the U.S. Postal service. (BY OVERNIGHT DELIVERY) By placing such sealed envelope, delivery fees paid, in a facility regularly maintained by an overnight delivery service for receipt of such documents. (CCP §lOl3) -h El (BY FACSiMILE) By transmitting to a facsimile machine maintained by the recipient UI Q E at the facsimile machine telephone number as last (STATE) that the I above declare is under penalty true and correct. of perjury under iven the b laws that of is arson. State of California May S, 2015 \I Executed on‘ at South San Francisco, Calif is. 259 064 PROOF OF SERVICE