Preview
JIANLIN SONG (SBN 289226)
Jianlin.Song@wilsonelser.com FE ILED
JENNY C. CHIEN (SBN 327918) ALAMEDA COUNTY
Jenny.Chien@wilsonelser.com
WILSON, ELSER, MOSKOWITZ, NOV 19 2071 4
EDELMAN & DICKER LLP CL
525 Market Street, 17" Floor By aR OF LPYP Ce
San Francisco, California 94105 . TS. les Aare
Telephone: (415) 433-0990 daa
Facsimile: (415) 434-1370
Attorneys for Defendant NAVIN WALIA
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF ALAMEDA
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TWYLA PARKS, Individually and as Case No.: RG21112347
11 Successor-In-Interest to the Estate of PEARL
MANGLE,
12 Action Filed September 10, 2021
Plaintiff,
13 vs.
DEFENDANT NAVIN WALIA’S ANSWER
14 MARYMOUNT VILLA, LLC dba TO COMPLAINT FOR DAMAGES AND
MARYMOUNT VILLA RETIREMENT DEMAND FOR JURY TRIAL
15 CENTER; MARYMOUNT PROPERTY
MANAGEMENT INC, NAVIN WALIA, and
16 DOES 1 through 100, inclusive,
17 Defendants.
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19 COMES NOW Defendant NAVIN WALIA (“Defendant”), by and through his counsel of
20 record, answers Plaintiff's Complaint on file herein as follows:
21 Pursuant to the California Code of Civil Procedure section 431.30, Defendant denies both
22 generally and specifically each, every and allof the allegations in the Complaint, and the whole
23 thereof, including each and every purported cause of action contained therein, and denies that
24 Plaintiff has been damaged in the sum or sums alleged, or in any other amount, or at all.
25 Further answering the Complaint on file herein, and the whole thereof, Defendant denies
26 that Plaintiffhas sustained any injury, damage or loss, ifany, by reason of any act, error, omission
27 or breach of duty on the part of Defendant, or any agents, servants or employees of Defendant.
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DEFENDANT NAVIN WALIA’S ANSWER TO COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL NX
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AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
(Arbitration)
Plaintiff may have executed an arbitration agreement, which was in full force and effect at
the time of all treatment rendered by Defendant and Defendant asserts the right and entitlement to
have this matter arbitrated pursuant to said agreement.
SECOND AFFIRMATIVE DEFENSE
(Failure to State a Cause of Action)
Throughout the Complaint herein, Plaintiff has failed to state facts sufficient to constitute
10 a cause or causes of action against Defendant.
THIRD AFFIRMATIVE DEFENSE
12 (Statute of Limitations)
13 Plaintiff's action is barred by the statute of limitations as set forth in Code of Civil
14 Procedure sections 335.1, 340, 340.5, and/or 364, and/or 28 U.S.C. §2401(b), and in accordance
15 with the provisions of Code of Civil Procedure §597.5, Defendant requests a separate trial of this
16 affirmative defense of the statutes of limitations before the trial of any other issue.
17 FOURTH AFFIRMATIVE DEFENSE
18 (Contributory Negligence of Third Party)
19 Without admitting any of the allegations contained herein, Defendant alleges that certain
20 third party or parties may be negligent and/or neglect, and their negligence and/or neglect
21 contributed to the damages alleged by Plaintiff, and any award Plaintiff may recover, if any, must
22 be reduced in proportion to the percentage of contributory negligence and/or neglect of the said
23 third party or parties.
24 FIFTH AFFIRMATIVE DEFENSE
25 (Comparative Fault of Plaintiff)
26 Without admitting any of the allegations contained herein, Defendant alleges that the
27 damages alleged by Plaintiff were solely and proximately caused by Plaintiff's own negligence,
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DEFENDANT NAVIN WALIA’S ANSWER TO COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
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and any award Plaintiff may recover, if any, must be barred in whole, or reduced in proportion to
the percentage of the comparative fault of Plaintiff.
SIXTH AFFIRMATIVE DEFENSE
(Joint and Several Liability)
Without admitting any of the allegations contained herein, Defendant alleges Defendant
is entitled to the full benefits and protections provided by the California Civil Code section
1431.1, et seq., otherwise entitled the Fair Responsibility Act of 1986.
SEVENTH AFFIRMATIVE DEFENSE
(Constitutional Bar for Punitive Damages)
10 Plaintiff's claim for punitive damages isbarred since itviolates the First,Fifth, Eighth and
11 Fourteenth Amendments of the Constitutions ofthe United States and Article I of the Constitutions
12 of the State of California; and California Civil Code section 3294 isinvalid on itsface and/or as
13 applied to Defendant in this action because itcontravenes rights guaranteed Defendant under the
14 aforesaid Amendments and Article.
15 EIGHTH AFFIRMATIVE DEFENSE
16 (Immunities and Protections)
17 Without admitting any of the allegations contained herein, Defendant alleges Defendant
18 is entitled to the full benefits, protections, and immunities afforded by the applicable provisions
19 of the Health & Safety Code and the Business & Professions Code.
20 NINTH AFFIRMATIVE DEFENSE
21 (Failure to Mitigate)
22 Without admitting any of the allegations contained herein, Defendant alleges Plaintiff
23 failed to mitigate, minimize, or avoid damages allegedly caused by Defendant; therefore,
24 Defendant isentitled to have any sum to which plaintiff may be entitled reduced by such sums as
25 would have been mitigated, minimized or avoided.
26 TENTH AFFIRMATIVE DEFENSE
27 (Assumption of Risk)
28 Without admitting any of the allegations contained herein, Defendant alleges any damages
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DEFENDANT NAVIN WALIA’S ANSWER TO COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
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alleged by Plaintiff herein were caused by risks of which Plaintiff was well aware and to which
Plaintiff voluntarily consented and voluntarily assumed.
ELEVENTH AFFIRMATIVE DEFENSE
(Failure to Join Indispensable Parties)
Plaintiffs’ actions herein are barred by Plaintiff's failure tojoin indispensable parties.
TWELFTH AFFIRMATIVE DEFENSE
(Waiver, Estoppel, Laches, Unclean Hands)
Plaintiff's actions herein are barred by the equitable doctrines of waiver, estoppel, laches
and/or unclean hands.
10 THIRTEENTH AFFIRMATIVE DEFENSE
11 (Consent)
12 Plaintiff's actions alleged herein are barred because Plaintiff consented to the subject care
13 and treatment, and said consent was fully informed.
14 FOURTEENTH AFFIRMATIVE DEFENSE
15 (Superseding and/or Intervening Causes)
16 Without admitting any of the allegations contained herein, Defendant alleges that
17 Defendant’s alleged negligence and/or neglect was superseded by the negligence and/or neglect
18 of a third party whose negligence and/or neglect was an independent, intervening, sole, and
19 proximate cause of any alleged injuries or damages.
20 FIFTEENTH AFFIRMATIVE DEFENSE
21 (Civil Code § 1714.8 — Natural Cause of Death)
22 Plaintiff's actions herein are barred by the provisions of California Civil Code section
23 1714.8 in that the damages alleged, ifany incurred, were solely the result of the natural course of
24 a disease or condition and/or expected result of reasonable treatment rendered for the said disease
25 or condition.
26 SIXTEENTH AFFIRMATIVE DEFENSE
27 (Collateral Source Payments)
28 Without admitting any of the allegations contained herein, Defendant alleges that it has
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DEFENDANT NAVIN WALIA’S ANSWER TO COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
262718636v.1
the right to elect to introduce evidence of any amounts paid or payable as a benefit to Plaintiff,
pursuant to California Civil Code section 3333.1.
SEVENTEENTH AFFIRMATIVE DEFENSE
(Limitation of Non-Economic Losses)
Without admitting any of the allegations contained herein, Defendant alleges that
Plaintiff's recovery of any sums for non-economic losses, if any, cannot exceed the amount
specified in California Civil Code section 3333.2.
EIGHTEENTH AFFIRMATIVE DEFENSE
(Bus. & Prof. Code § 6146)
10 Without admitting any of the allegations contained herein, Defendant alleges that
11 Plaintiff's recovery of any attorney fees, ifapplicable, shall be subject to the limitations set forth
12 in California Business and Professional Code section 6146.
13 NINETEENTH AFFIRMATIVE DEFENSE
14 (Failure to Comply With Notice Requirement)
15 Plaintiffs actions alleged herein are barred as Plaintiff has failed to comply with the notice
16 requirement set forth in California Code of Civil Procedure section 364.
17 TWENTIETH AFFIRMATIVE DEFENSE
18 (Periodic Payments)
19 Without admitting any of the allegations contained herein, Defendant alleges that if there
20 is any award for future damages in excess of that amount specified in California Code of Civil
21 Procedure section 667.7, then in that event Defendant has the right to elect periodic payment as
22 specified in section 667.7.
23 TWENTY-FIRST AFFIRMATIVE DEFENSE
24 (Lack of Standing)
2 Plaintiffs lack standing to prosecute thisaction in whole or in part.
26 TWENTY-SECOND AFFIRMATIVE DEFENSE
27 Defendant alleges that itmay have other, additional defenses of which itis not presently
28 aware and hereby reserves the right to assert such defenses by amendment to this Answer.
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DEFENDANT NAVIN WALIA’S ANSWER TO COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
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PRAYER FOR RELIEF
WHEREFORE, Answering Defendants pray for judgment in Defendants’ favor and
against Plaintiffs as follows:
1. That Plaintiffs take nothing from the Complaint
2, That the Complaint is dismissed, with prejudice, against Defendants
3. That Defendants recover their costs and reasonable attorneys’ fees;
ND
4, For such other and further reliefas the Court deems just and equitable.
eo
Dated: November 19, 2021 WILSON, ELSER, MOSKOWITZ,
oOo
EDELMAN & DICKER LLP
droatl)r
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JIANLIN SONG
12 JENNY C. CHIEN
Attorneys for Defendant
13 NAVIN WALIA
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DEFENDANT NAVIN WALIA’S ANSWER TO COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
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DEMAND FOR JURY TRIAL
Defendant NAVIN WALIA hereby demands a jury trial inthis matter.
Dated: November 19, 2021 WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
drone
ND
JIANLIN SONG
JENNY C. CHIEN
Attorneys for Defendant
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NAVIN WALIA
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DEFENDANT NAVIN WALIA’S ANSWER TO COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
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PROOF OF SERVICE
At the time of service I was over 18 years of age and not a party to this action. Iam
employed in the County of San Francisco, California. My business address is525 Market Street,
17" Floor, San Francisco, California 94105. My business telephone number is(415) 433-0990;
my business fax number is(415) 434-1370. On this date Iserved the following document(s):
DEFENDANT NAVIN WALIA’S ANSWER TO COMPLAINT FOR DAMAGES AND
DEMAND FOR JURY TRIAL
person(s) listed below, through their respective attorneys of record in thisaction, by placing true
copies thereof in sealed envelopes or packages addressed as shown below by the following
means of service:
L] By United States Mail. |placed the envelope(s) for collection and mailing, following
our ordinary business practices. Iam readily familiar with this business’s practice for
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collecting and processing correspondence for mailing. On the same day that
1] correspondence isplaced for collection and mailing, it isdeposited in the ordinary course
of business with the United States Postal Service, in a sealed envelope with postage fully
12 prepaid.
13 CJ By Overnight Delivery. I enclosed the documents inan envelope or package provided
by an overnight delivery carrier and address to the persons at the addresses below. I
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placed the envelope or package for collection and overnight delivery at an office or a
15 regularly utilized drop box of the overnight delivery carrier.
16 L] By Messenger Service. |served the documents by placing them in an envelope or
package addressed to the persons at the addresses listed below and provided them to a
17 professional messenger service for service.
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CJ By Fax Transmission. Based on an agreement of the parties to accept service by fax
19 transmission, I faxed the documents to the persons at the fax numbers listed below.
20 C] By Electronic Service. Based on a court order or an agreement of the parties to accept
service by electronic transmission, I caused the documents to be sent to the persons atthe
21 electronic notification addresses listed below.
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X]: By Electronic Service. Based on a court order or an agreement of the parties to accept
23 service by electronic transmission due to the COVID-19 shelter-in-place order, Icaused
the documents to be sent to the persons at the electronic notification addresses listed
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DEFENDANT NAVIN WALIA’S ANSWER TO COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
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Kathryn A. Stebner, Esq. Attorneys for Plaintiff
George Kawamoto, Esq.
STEBNER GERTLER GUADAGNI &
KAWAMOTO
A Professional Law Corporation
870 Market Street, Suite 1285
San Francisco, CA 94102
Phone: (415) 362-9800
Fax: (415) 362-9801
Email: george@sggklaw.com
Ideclare under penalty of perjury under the laws of the State of California that the
foregoing istrue and correct to the best of my knowledge. EXECUTED on November 19, 2021
at San Francisco, California.
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[sof JOYCE VIALPANDO
1 Joyce Vialpando
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DEFENDANT NAVIN WALIA’S ANSWER TO COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
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Preview
JIANLIN SONG (SBN 289226) Jianlin.Song@wilsonelser.com FE ILED JENNY C. CHIEN (SBN 327918) ALAMEDA COUNTY Jenny.Chien@wilsonelser.com WILSON, ELSER, MOSKOWITZ, NOV 19 2071 4 EDELMAN & DICKER LLP CL 525 Market Street, 17" Floor By aR OF LPYP Ce San Francisco, California 94105 . TS. les Aare Telephone: (415) 433-0990 daa Facsimile: (415) 434-1370 Attorneys for Defendant NAVIN WALIA SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF ALAMEDA 10 TWYLA PARKS, Individually and as Case No.: RG21112347 11 Successor-In-Interest to the Estate of PEARL MANGLE, 12 Action Filed September 10, 2021 Plaintiff, 13 vs. DEFENDANT NAVIN WALIA’S ANSWER 14 MARYMOUNT VILLA, LLC dba TO COMPLAINT FOR DAMAGES AND MARYMOUNT VILLA RETIREMENT DEMAND FOR JURY TRIAL 15 CENTER; MARYMOUNT PROPERTY MANAGEMENT INC, NAVIN WALIA, and 16 DOES 1 through 100, inclusive, 17 Defendants. 18 19 COMES NOW Defendant NAVIN WALIA (“Defendant”), by and through his counsel of 20 record, answers Plaintiff's Complaint on file herein as follows: 21 Pursuant to the California Code of Civil Procedure section 431.30, Defendant denies both 22 generally and specifically each, every and allof the allegations in the Complaint, and the whole 23 thereof, including each and every purported cause of action contained therein, and denies that 24 Plaintiff has been damaged in the sum or sums alleged, or in any other amount, or at all. 25 Further answering the Complaint on file herein, and the whole thereof, Defendant denies 26 that Plaintiffhas sustained any injury, damage or loss, ifany, by reason of any act, error, omission 27 or breach of duty on the part of Defendant, or any agents, servants or employees of Defendant. 28 // | (ate) zs DEFENDANT NAVIN WALIA’S ANSWER TO COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL NX 262718636v.1 AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE (Arbitration) Plaintiff may have executed an arbitration agreement, which was in full force and effect at the time of all treatment rendered by Defendant and Defendant asserts the right and entitlement to have this matter arbitrated pursuant to said agreement. SECOND AFFIRMATIVE DEFENSE (Failure to State a Cause of Action) Throughout the Complaint herein, Plaintiff has failed to state facts sufficient to constitute 10 a cause or causes of action against Defendant. THIRD AFFIRMATIVE DEFENSE 12 (Statute of Limitations) 13 Plaintiff's action is barred by the statute of limitations as set forth in Code of Civil 14 Procedure sections 335.1, 340, 340.5, and/or 364, and/or 28 U.S.C. §2401(b), and in accordance 15 with the provisions of Code of Civil Procedure §597.5, Defendant requests a separate trial of this 16 affirmative defense of the statutes of limitations before the trial of any other issue. 17 FOURTH AFFIRMATIVE DEFENSE 18 (Contributory Negligence of Third Party) 19 Without admitting any of the allegations contained herein, Defendant alleges that certain 20 third party or parties may be negligent and/or neglect, and their negligence and/or neglect 21 contributed to the damages alleged by Plaintiff, and any award Plaintiff may recover, if any, must 22 be reduced in proportion to the percentage of contributory negligence and/or neglect of the said 23 third party or parties. 24 FIFTH AFFIRMATIVE DEFENSE 25 (Comparative Fault of Plaintiff) 26 Without admitting any of the allegations contained herein, Defendant alleges that the 27 damages alleged by Plaintiff were solely and proximately caused by Plaintiff's own negligence, 28 2 DEFENDANT NAVIN WALIA’S ANSWER TO COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 262718636v.1 and any award Plaintiff may recover, if any, must be barred in whole, or reduced in proportion to the percentage of the comparative fault of Plaintiff. SIXTH AFFIRMATIVE DEFENSE (Joint and Several Liability) Without admitting any of the allegations contained herein, Defendant alleges Defendant is entitled to the full benefits and protections provided by the California Civil Code section 1431.1, et seq., otherwise entitled the Fair Responsibility Act of 1986. SEVENTH AFFIRMATIVE DEFENSE (Constitutional Bar for Punitive Damages) 10 Plaintiff's claim for punitive damages isbarred since itviolates the First,Fifth, Eighth and 11 Fourteenth Amendments of the Constitutions ofthe United States and Article I of the Constitutions 12 of the State of California; and California Civil Code section 3294 isinvalid on itsface and/or as 13 applied to Defendant in this action because itcontravenes rights guaranteed Defendant under the 14 aforesaid Amendments and Article. 15 EIGHTH AFFIRMATIVE DEFENSE 16 (Immunities and Protections) 17 Without admitting any of the allegations contained herein, Defendant alleges Defendant 18 is entitled to the full benefits, protections, and immunities afforded by the applicable provisions 19 of the Health & Safety Code and the Business & Professions Code. 20 NINTH AFFIRMATIVE DEFENSE 21 (Failure to Mitigate) 22 Without admitting any of the allegations contained herein, Defendant alleges Plaintiff 23 failed to mitigate, minimize, or avoid damages allegedly caused by Defendant; therefore, 24 Defendant isentitled to have any sum to which plaintiff may be entitled reduced by such sums as 25 would have been mitigated, minimized or avoided. 26 TENTH AFFIRMATIVE DEFENSE 27 (Assumption of Risk) 28 Without admitting any of the allegations contained herein, Defendant alleges any damages 3 DEFENDANT NAVIN WALIA’S ANSWER TO COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 262718636v.1 alleged by Plaintiff herein were caused by risks of which Plaintiff was well aware and to which Plaintiff voluntarily consented and voluntarily assumed. ELEVENTH AFFIRMATIVE DEFENSE (Failure to Join Indispensable Parties) Plaintiffs’ actions herein are barred by Plaintiff's failure tojoin indispensable parties. TWELFTH AFFIRMATIVE DEFENSE (Waiver, Estoppel, Laches, Unclean Hands) Plaintiff's actions herein are barred by the equitable doctrines of waiver, estoppel, laches and/or unclean hands. 10 THIRTEENTH AFFIRMATIVE DEFENSE 11 (Consent) 12 Plaintiff's actions alleged herein are barred because Plaintiff consented to the subject care 13 and treatment, and said consent was fully informed. 14 FOURTEENTH AFFIRMATIVE DEFENSE 15 (Superseding and/or Intervening Causes) 16 Without admitting any of the allegations contained herein, Defendant alleges that 17 Defendant’s alleged negligence and/or neglect was superseded by the negligence and/or neglect 18 of a third party whose negligence and/or neglect was an independent, intervening, sole, and 19 proximate cause of any alleged injuries or damages. 20 FIFTEENTH AFFIRMATIVE DEFENSE 21 (Civil Code § 1714.8 — Natural Cause of Death) 22 Plaintiff's actions herein are barred by the provisions of California Civil Code section 23 1714.8 in that the damages alleged, ifany incurred, were solely the result of the natural course of 24 a disease or condition and/or expected result of reasonable treatment rendered for the said disease 25 or condition. 26 SIXTEENTH AFFIRMATIVE DEFENSE 27 (Collateral Source Payments) 28 Without admitting any of the allegations contained herein, Defendant alleges that it has 4 DEFENDANT NAVIN WALIA’S ANSWER TO COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 262718636v.1 the right to elect to introduce evidence of any amounts paid or payable as a benefit to Plaintiff, pursuant to California Civil Code section 3333.1. SEVENTEENTH AFFIRMATIVE DEFENSE (Limitation of Non-Economic Losses) Without admitting any of the allegations contained herein, Defendant alleges that Plaintiff's recovery of any sums for non-economic losses, if any, cannot exceed the amount specified in California Civil Code section 3333.2. EIGHTEENTH AFFIRMATIVE DEFENSE (Bus. & Prof. Code § 6146) 10 Without admitting any of the allegations contained herein, Defendant alleges that 11 Plaintiff's recovery of any attorney fees, ifapplicable, shall be subject to the limitations set forth 12 in California Business and Professional Code section 6146. 13 NINETEENTH AFFIRMATIVE DEFENSE 14 (Failure to Comply With Notice Requirement) 15 Plaintiffs actions alleged herein are barred as Plaintiff has failed to comply with the notice 16 requirement set forth in California Code of Civil Procedure section 364. 17 TWENTIETH AFFIRMATIVE DEFENSE 18 (Periodic Payments) 19 Without admitting any of the allegations contained herein, Defendant alleges that if there 20 is any award for future damages in excess of that amount specified in California Code of Civil 21 Procedure section 667.7, then in that event Defendant has the right to elect periodic payment as 22 specified in section 667.7. 23 TWENTY-FIRST AFFIRMATIVE DEFENSE 24 (Lack of Standing) 2 Plaintiffs lack standing to prosecute thisaction in whole or in part. 26 TWENTY-SECOND AFFIRMATIVE DEFENSE 27 Defendant alleges that itmay have other, additional defenses of which itis not presently 28 aware and hereby reserves the right to assert such defenses by amendment to this Answer. 5 DEFENDANT NAVIN WALIA’S ANSWER TO COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 262718636v.1 PRAYER FOR RELIEF WHEREFORE, Answering Defendants pray for judgment in Defendants’ favor and against Plaintiffs as follows: 1. That Plaintiffs take nothing from the Complaint 2, That the Complaint is dismissed, with prejudice, against Defendants 3. That Defendants recover their costs and reasonable attorneys’ fees; ND 4, For such other and further reliefas the Court deems just and equitable. eo Dated: November 19, 2021 WILSON, ELSER, MOSKOWITZ, oOo EDELMAN & DICKER LLP droatl)r 10 11 JIANLIN SONG 12 JENNY C. CHIEN Attorneys for Defendant 13 NAVIN WALIA 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 DEFENDANT NAVIN WALIA’S ANSWER TO COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 262718636v.1 DEMAND FOR JURY TRIAL Defendant NAVIN WALIA hereby demands a jury trial inthis matter. Dated: November 19, 2021 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP drone ND JIANLIN SONG JENNY C. CHIEN Attorneys for Defendant OOH NAVIN WALIA Go 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 DEFENDANT NAVIN WALIA’S ANSWER TO COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 262718636v.1 PROOF OF SERVICE At the time of service I was over 18 years of age and not a party to this action. Iam employed in the County of San Francisco, California. My business address is525 Market Street, 17" Floor, San Francisco, California 94105. My business telephone number is(415) 433-0990; my business fax number is(415) 434-1370. On this date Iserved the following document(s): DEFENDANT NAVIN WALIA’S ANSWER TO COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL person(s) listed below, through their respective attorneys of record in thisaction, by placing true copies thereof in sealed envelopes or packages addressed as shown below by the following means of service: L] By United States Mail. |placed the envelope(s) for collection and mailing, following our ordinary business practices. Iam readily familiar with this business’s practice for 10 collecting and processing correspondence for mailing. On the same day that 1] correspondence isplaced for collection and mailing, it isdeposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully 12 prepaid. 13 CJ By Overnight Delivery. I enclosed the documents inan envelope or package provided by an overnight delivery carrier and address to the persons at the addresses below. I 14 placed the envelope or package for collection and overnight delivery at an office or a 15 regularly utilized drop box of the overnight delivery carrier. 16 L] By Messenger Service. |served the documents by placing them in an envelope or package addressed to the persons at the addresses listed below and provided them to a 17 professional messenger service for service. 18 CJ By Fax Transmission. Based on an agreement of the parties to accept service by fax 19 transmission, I faxed the documents to the persons at the fax numbers listed below. 20 C] By Electronic Service. Based on a court order or an agreement of the parties to accept service by electronic transmission, I caused the documents to be sent to the persons atthe 21 electronic notification addresses listed below. 22 X]: By Electronic Service. Based on a court order or an agreement of the parties to accept 23 service by electronic transmission due to the COVID-19 shelter-in-place order, Icaused the documents to be sent to the persons at the electronic notification addresses listed 24 below 25 26 27 28 8 DEFENDANT NAVIN WALIA’S ANSWER TO COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 262718636v.1 Kathryn A. Stebner, Esq. Attorneys for Plaintiff George Kawamoto, Esq. STEBNER GERTLER GUADAGNI & KAWAMOTO A Professional Law Corporation 870 Market Street, Suite 1285 San Francisco, CA 94102 Phone: (415) 362-9800 Fax: (415) 362-9801 Email: george@sggklaw.com Ideclare under penalty of perjury under the laws of the State of California that the foregoing istrue and correct to the best of my knowledge. EXECUTED on November 19, 2021 at San Francisco, California. 10 [sof JOYCE VIALPANDO 1 Joyce Vialpando 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 DEFENDANT NAVIN WALIA’S ANSWER TO COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 262718636v.1