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Sara B. Allman, Esq. CSB #107932
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100 Larkspur Landing Circle, Suite 216
3 Larkspur, CA 94939
Telephone: 415.299.3209
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E-Mail: sara.b.allman@gmail.com
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Attorney for Defendants
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885 25TH AVENUE LLC AND
7 GAETANI REAL ESTATE,
A California Corporation
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9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 IN AND FOR THE COUNTY OF ALAMEDA
11 [Unlimited Jurisdiction]
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GWYNN KALIHER, VIOLETTA BABICH- Case No.: RG21112157
14 DREW, DARRELL DREW, AND LA
SAUNDRA OWENS, ANSWER OF 885 25TH AVENUE, LLC
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AND MARCUS AND GAETANI REAL
16 Plaintiffs, ESTATE, A CALIFORNIA
vs. CORPORATION, TO PLAINTIFFS’
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COMPLAINT
18 885 25TH AVENUE, LLC; GAETANI REAL
ESTATE; and DOES 1 through 30, inclusive,
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20 Defendants.
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ANSWER OF 885 25TH AVENUE LLC AND GAETANI Sara B. Allman
REAL ESTATE TO PLAINTIFFS’ COMPLAINT 100 Larkspur Landing Circle, Suite 216
Larkspur, CA 94939
-1-
Telephone: 415.299.3209
1 Defendants 885 25TH AVENUE LLC AND GAETANI REAL ESTATE answer the plaintiffs’
2 complaint herein, as follows:
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GENERAL DENIAL
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5 These answering defendants generally and specifically deny each and every allegation
6 contained in each and every paragraph of plaintiffs’ complaint and each and every cause of action
7 thereof pursuant to California Code of Civil Procedure section 431.30(d). These answering
8 defendants further deny that they are responsible for any damages, or any percentage of damages,
9 claimed by plaintiffs herein.
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AFFIRMATIVE DEFENSES
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AS AND FOR A FIRST, SEPARATE, AND AFFIRMATIVE DEFENSE, these answering
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defendants allege that neither plaintiffs’ complaint, nor any cause of action thereof, states facts
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sufficient to constitute a cause of action against these answering defendants.
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AS AND FOR A SECOND, SEPARATE, AND AFFIRMATIVE DEFENSE, these
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answering defendants allege that plaintiffs are barred from recovering any amount whatsoever
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from these answering defendants because of plaintiffs’ own acts of carelessness and negligence
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with respect to the matters alleged in plaintiffs’ complaint and, further, that such carelessness and
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negligence proximately caused the happening of the incident and to the injuries, losses and
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damages complained of, if any.
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AS AND FOR A THIRD, SEPARATE, AND AFFIRMATIVE DEFENSE, these
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answering defendants allege that plaintiffs are barred from recovering any amount whatsoever
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from these answering defendants because of the carelessness and negligence and intentional
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misconduct of others with respect to the matters alleged in plaintiffs’ complaint and, further, that
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such carelessness and negligence proximately caused the happening of the incident and the
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injuries, losses and damages complained of, if any.
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AS AND FOR A FOURTH, SEPARATE, AND AFFIRMATIVE DEFENSE, these
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answering defendants allege that prior to the commencement of this action, these answering
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defendants duly performed, satisfied and discharged all duties and obligations they may have owed
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to the plaintiffs arising out of any and all agreements, representations or contracts made by them or
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on behalf of these answering defendants and this action is therefore barred by the provisions of
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California Civil Code Section 1473.
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ANSWER OF 885 25TH AVENUE LLC AND GAETANI Sara B. Allman
REAL ESTATE TO PLAINTIFFS’ COMPLAINT 100 Larkspur Landing Circle, Suite 216
Larkspur, CA 94939
-2-
Telephone: 415.299.3209
1 AS AND FOR A FIFTH, SEPARATE, AND AFFIRMATIVE DEFENSE, these answering
2 defendants allege that plaintiffs have failed to mitigate their damages.
3 AS AND FOR A SIXTH, SEPARATE, AND AFFIRMATIVE DEFENSE, these
4 answering defendants allege that plaintiffs have failed to state a claim upon which attorney’s fees
5 can be awarded.
6 AS AND FOR A SEVENTH, SEPARATE, AND AFFIRMATIVE DEFENSE, these
7 answering defendants allege that plaintiffs violated material covenants and conditions of the rental
8 agreement, including the covenant of good faith and fair dealing, thereby terminating and
9 extinguishing the duties allegedly owed by these answering defendants, or reducing or abating the
10 amount of damages to which plaintiffs are entitled, if any.
11 AS AND FOR AN EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE, these
12 answering defendants allege that plaintiffs failed to comply with the provisions of Civil Code
13 Sections 1928, 1929, and 1941.2.
14 AS AND FOR A NINTH, SEPARATE AND AFFIRMATIVE DEFENSE, these
15 answering defendants allege that plaintiffs failed to comply with the provisions of C.C.P. Section
16 1930.
17 AS AND FOR AN TENTH, SEPARATE AND AFFIRMATIVE DEFENSE, these
18 answering defendants allege that the complaint and each and every cause of action therein are
19 barred by Civil Code section 1947.7.
20 AS AND FOR AN ELEVENTH SEPARATE AND AFFIRMATIVE DEFENSE, these
21 answering defendants allege that if any damages are awarded to plaintiffs, the amount of damages
22 should be offset by the amounts, if any, owed to defendant pursuant to the terms of the rental
23 agreement.
24 AS AND FOR A TWELFTH SEPARATE AND AFFIRMATIVE DEFENSE, these
25 answering defendants allege that the complaint fails to state facts sufficient to state any claim or
26 prayer upon which an award of punitive damages can be made.
27 AS AND FOR A THIRTEENTH SEPARATE AND AFFIRMATIVE DEFENSE, these
28 answering defendants allege that the damages sustained by plaintiffs, if any, were caused in whole
29 or in part by the willful misconduct of said plaintiffs for which these defendants are neither liable
30 nor responsible.
31 AS AND FOR A FOURTEENTH SEPARATE AND AFFIRMATIVE DEFENSE, these
32 answering defendants allege that plaintiffs have waived and/or are estopped from alleging the
ANSWER OF 885 25TH AVENUE LLC AND GAETANI Sara B. Allman
REAL ESTATE TO PLAINTIFFS’ COMPLAINT 100 Larkspur Landing Circle, Suite 216
Larkspur, CA 94939
-3-
Telephone: 415.299.3209
info@awolfflaw.com
Preview
1 Sara B. Allman, Esq. CSB #107932 2 100 Larkspur Landing Circle, Suite 216 3 Larkspur, CA 94939 Telephone: 415.299.3209 4 E-Mail: sara.b.allman@gmail.com 5 Attorney for Defendants 6 885 25TH AVENUE LLC AND 7 GAETANI REAL ESTATE, A California Corporation 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 IN AND FOR THE COUNTY OF ALAMEDA 11 [Unlimited Jurisdiction] 12 13 GWYNN KALIHER, VIOLETTA BABICH- Case No.: RG21112157 14 DREW, DARRELL DREW, AND LA SAUNDRA OWENS, ANSWER OF 885 25TH AVENUE, LLC 15 AND MARCUS AND GAETANI REAL 16 Plaintiffs, ESTATE, A CALIFORNIA vs. CORPORATION, TO PLAINTIFFS’ 17 COMPLAINT 18 885 25TH AVENUE, LLC; GAETANI REAL ESTATE; and DOES 1 through 30, inclusive, 19 20 Defendants. 21 22 23 24 25 26 27 28 29 30 31 32 ANSWER OF 885 25TH AVENUE LLC AND GAETANI Sara B. Allman REAL ESTATE TO PLAINTIFFS’ COMPLAINT 100 Larkspur Landing Circle, Suite 216 Larkspur, CA 94939 -1- Telephone: 415.299.3209 1 Defendants 885 25TH AVENUE LLC AND GAETANI REAL ESTATE answer the plaintiffs’ 2 complaint herein, as follows: 3 GENERAL DENIAL 4 5 These answering defendants generally and specifically deny each and every allegation 6 contained in each and every paragraph of plaintiffs’ complaint and each and every cause of action 7 thereof pursuant to California Code of Civil Procedure section 431.30(d). These answering 8 defendants further deny that they are responsible for any damages, or any percentage of damages, 9 claimed by plaintiffs herein. 10 AFFIRMATIVE DEFENSES 11 AS AND FOR A FIRST, SEPARATE, AND AFFIRMATIVE DEFENSE, these answering 12 defendants allege that neither plaintiffs’ complaint, nor any cause of action thereof, states facts 13 sufficient to constitute a cause of action against these answering defendants. 14 AS AND FOR A SECOND, SEPARATE, AND AFFIRMATIVE DEFENSE, these 15 answering defendants allege that plaintiffs are barred from recovering any amount whatsoever 16 from these answering defendants because of plaintiffs’ own acts of carelessness and negligence 17 with respect to the matters alleged in plaintiffs’ complaint and, further, that such carelessness and 18 negligence proximately caused the happening of the incident and to the injuries, losses and 19 damages complained of, if any. 20 AS AND FOR A THIRD, SEPARATE, AND AFFIRMATIVE DEFENSE, these 21 answering defendants allege that plaintiffs are barred from recovering any amount whatsoever 22 from these answering defendants because of the carelessness and negligence and intentional 23 misconduct of others with respect to the matters alleged in plaintiffs’ complaint and, further, that 24 such carelessness and negligence proximately caused the happening of the incident and the 25 injuries, losses and damages complained of, if any. 26 AS AND FOR A FOURTH, SEPARATE, AND AFFIRMATIVE DEFENSE, these 27 answering defendants allege that prior to the commencement of this action, these answering 28 defendants duly performed, satisfied and discharged all duties and obligations they may have owed 29 to the plaintiffs arising out of any and all agreements, representations or contracts made by them or 30 on behalf of these answering defendants and this action is therefore barred by the provisions of 31 California Civil Code Section 1473. 32 ANSWER OF 885 25TH AVENUE LLC AND GAETANI Sara B. Allman REAL ESTATE TO PLAINTIFFS’ COMPLAINT 100 Larkspur Landing Circle, Suite 216 Larkspur, CA 94939 -2- Telephone: 415.299.3209 1 AS AND FOR A FIFTH, SEPARATE, AND AFFIRMATIVE DEFENSE, these answering 2 defendants allege that plaintiffs have failed to mitigate their damages. 3 AS AND FOR A SIXTH, SEPARATE, AND AFFIRMATIVE DEFENSE, these 4 answering defendants allege that plaintiffs have failed to state a claim upon which attorney’s fees 5 can be awarded. 6 AS AND FOR A SEVENTH, SEPARATE, AND AFFIRMATIVE DEFENSE, these 7 answering defendants allege that plaintiffs violated material covenants and conditions of the rental 8 agreement, including the covenant of good faith and fair dealing, thereby terminating and 9 extinguishing the duties allegedly owed by these answering defendants, or reducing or abating the 10 amount of damages to which plaintiffs are entitled, if any. 11 AS AND FOR AN EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE, these 12 answering defendants allege that plaintiffs failed to comply with the provisions of Civil Code 13 Sections 1928, 1929, and 1941.2. 14 AS AND FOR A NINTH, SEPARATE AND AFFIRMATIVE DEFENSE, these 15 answering defendants allege that plaintiffs failed to comply with the provisions of C.C.P. Section 16 1930. 17 AS AND FOR AN TENTH, SEPARATE AND AFFIRMATIVE DEFENSE, these 18 answering defendants allege that the complaint and each and every cause of action therein are 19 barred by Civil Code section 1947.7. 20 AS AND FOR AN ELEVENTH SEPARATE AND AFFIRMATIVE DEFENSE, these 21 answering defendants allege that if any damages are awarded to plaintiffs, the amount of damages 22 should be offset by the amounts, if any, owed to defendant pursuant to the terms of the rental 23 agreement. 24 AS AND FOR A TWELFTH SEPARATE AND AFFIRMATIVE DEFENSE, these 25 answering defendants allege that the complaint fails to state facts sufficient to state any claim or 26 prayer upon which an award of punitive damages can be made. 27 AS AND FOR A THIRTEENTH SEPARATE AND AFFIRMATIVE DEFENSE, these 28 answering defendants allege that the damages sustained by plaintiffs, if any, were caused in whole 29 or in part by the willful misconduct of said plaintiffs for which these defendants are neither liable 30 nor responsible. 31 AS AND FOR A FOURTEENTH SEPARATE AND AFFIRMATIVE DEFENSE, these 32 answering defendants allege that plaintiffs have waived and/or are estopped from alleging the ANSWER OF 885 25TH AVENUE LLC AND GAETANI Sara B. Allman REAL ESTATE TO PLAINTIFFS’ COMPLAINT 100 Larkspur Landing Circle, Suite 216 Larkspur, CA 94939 -3- Telephone: 415.299.3209 info@awolfflaw.com