Preview
PLD-C-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE: 559-492-8557 FOR COURT USE ONLY
Joseph Boyd (#240219)
17351 4S Ranch Parkway
Electronically Filed
San Diego, CA 92127
11/16/2020 1:34 PM
ATTORNEY FOR (NAME): Defendants
Superior Court of California
County of Stanislaus
Insert name of court, judicial district or branch court, if any, and post office and street
address: Clerk of the Court
Stanislaus County Superior Court By: Sabrina Bouldt, Deputy
800 11th Street
Modesto, CA 95354
$435 PAID
PLAINTIFF: Nine Islands I, LLC
DEFENDANT: Supercuts, Inc., et al.
ANSWER—Contract CASE NUMBER:
TO COMPLAINT OF (name): Nine Islands I, LLC CV-20-004050
TO CROSS-COMPLAINT (name):
1. This pleading, including attachments and exhibits, consists of the following number of pages: 5
2. DEFENDANT (name): See Attachment 2
answers the complaint or cross-complaint as follows:
3. Check ONLY ONE of the next two boxes:
a. Defendant generally denies each statement of the complaint or cross-complaint. (Do not check this box if the
verified complaint or cross-complaint demands more than $1,000.)
b. Defendant admits that all of the statements of the complaint or cross-complaint are true EXCEPT:
(1) Defendant claims the following statements are false (use paragraph numbers or explain):
Continued on Attachment 3.b.(1).
(2) Defendant has no information or belief that the following statements are true, so defendant denies them (use
paragraph numbers or explain):
Continued on Attachment 3.b.(2).
If this form is used to answer a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant.
Page 1 of 2
Form Approved for Optional Use Code of Civil Procedure, § 425.12
Judicial Council of California ANSWER—Contract www.courts.ca.gov
PLD-C-010 [Rev. January 1, 2007]
PLD-C-010
SHORT TITLE: CASE NUMBER:
Nine Islands I, LLC v. Supercuts, Inc. et al. CV-20-004050
ANSWER—Contract
4. AFFIRMATIVE DEFENSES Defendant alleges the following additional reasons that plaintiff is not entitled to recover
anything:
Continued on Attachment 4.
5. Other
6. DEFENDANT PRAYS
a. that plaintiff take nothing.
b. for costs of suit.
c. Other (specify):
Attorney fees
Statutory penalties
Any other and further available relief the court considers proper
Joseph Boyd
(Type or print name) {Signature of party or attorney)
PLD-C - 010 [Rev. January 1, 2007] Page 2 of 2
ANSWER—Contract
1
2 ATTACHMENT 2
3 DEFENDANTS
4
5 The Answer to which this Attachment 2 is attached is filed on behalf of the following
6 defendants:
7
8 1. Supercuts, Inc., a Delaware corporation;
9 2. Supercuts Corporate Shops, Inc., a Delaware corporation;
10 3. Moxie Management Group, LLC, a Delaware limited liability company; and
11 4. Regis Corporation, a Minnesota corporation.
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ATTACHMENT 2: DEFENDANTS
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2 ATTACHMENT 4
3 AFFIRMATIVE DEFENSES
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5 FIRST AFFIRMATIVE DEFENSE
6 (Failure of Consideration)
7 At the time of the incident alleged in the Complaint, Plaintiff failed to deliver the
8 performance that served as consideration for the alleged agreements.
9
10 SECOND AFFIRMATIVE DEFENSE
11 (Failure of Conditions)
12 At the time of the incident alleged in the Complaint, certain conditions have failed, which
13 bar Plaintiff from the recovery sought in the Complaint.
14
15 THIRD AFFIRMATIVE DEFENSE
16 (Bad Faith)
17 At the time of the incident alleged in the Complaint, Plaintiff acted in bad faith towards
18 Defendants and should thus be barred from recovery.
19
20 FOURTH AFFIRMATIVE DEFENSE
21 (Comparative Fault)
22 At the time of the incident alleged in the Complaint, Plaintiff failed to exercise reasonable
23 or ordinary care, caution, prudence for its own safety such that the injuries or damages allegedly
24 sustained by Plaintiff, if any such exist, were proximately caused or contributed to by the fault of
25 Plaintiff.
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ATTACHMENT 4: AFFIRMATIVE DEFENSES
1 FIFTH AFFIRMATIVE DEFENSE
2 (Estoppel)
3 Defendants allege that Plaintiff is barred by the doctrine of estoppel from bringing this
4 action.
5 SIXTH AFFIRMATIVE DEFENSE
6 (Laches)
7 Each and every of Plaintiff’s claims is barred by the doctrine of laches.
8
9 SEVENTH AFFIRMATIVE DEFENSE
10 (Failure to Mitigate)
11 Plaintiff is barred from full recovery of damages, if any such exist, by virtue of the fact
12 that Plaintiff failed to mitigate its damages. In the alternative, if it is determined that Plaintiff did
13 indeed suffer damages due to Defendants’ actions, such damages must be reduced by the amount
14 by which Plaintiff was required to mitigate according to law.
15
16 EIGHTH AFFIRMATIVE DEFENSE
17 (Modification of Contract)
18 Plaintiff should be denied recovery on all causes of action in that the parties modified the
19 alleged agreements defined in the Complaint to the effect that Defendants never breached said
20 alleged agreements.
21
22 NINTH AFFIRMATIVE DEFENSE
23 (Plaintiff’s Breach)
24 Plaintiff should be denied any recovery under the Complaint by virtue of the fact that
25 Plaintiff has refused, and continues to refuse, to perform its obligations under the alleged
26 agreements defined in the Complaint.
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ATTACHMENT 4: AFFIRMATIVE DEFENSES
1 TENTH AFFIRMATIVE DEFENSE
2 (Setoff)
3 Defendants allege that they are entitled to set-off any monetary judgment rendered against
4 them in this action against those sums owing by Plaintiff to Defendants.
5
6 ELEVENTH AFFIRMATIVE DEFENSE
7 (Uncertainty)
8 The Complaint contains fatal uncertainties, including, but not limited to, the fact that it is
9 impossible to determine from the Complaint which of the alleged acts of Defendants caused the
10 injuries alleged in the complaint.
11
12 TWELTH AFFIRMATIVE DEFENSE
13 (Unclean Hands)
14 Plaintiff has not come to court with clean hands as to all causes of action in the
15 Complaint. As a result, Plaintiff is not entitled to the relief requested in the Complaint.
16
17 THIRTEENTH AFFIRMATIVE DEFENSE
18 (No Damage to Plaintiff)
19 Plaintiff is not entitled to any recovery by virtue of the fact that it has not suffered any
20 damage from actions taken by Defendants, but rather Plaintiff has caused his own damage.
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22 FOURTEENTH AFFIRMATIVE DEFENSE
23 (Waiver)
24 Plaintiff is barred from any recovery under the Complaint in that Plaintiff has waived its
25 rights to maintain any and all causes of actions in set forth in the Complaint.
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ATTACHMENT 4: AFFIRMATIVE DEFENSES
1 FIFTEENTH AFFIRMATIVE DEFENSE
2 (Discharge of Obligations)
3 Plaintiff is barred from any recovery under the Complaint in that Defendants have fully
4 performed all duties and obligations under all alleged agreements and contracts described in the
5 Complaint, and thus have been discharged from any further obligations allegedly owed to
6 Plaintiff.
7
8 SIXTEENTH AFFIRMATIVE DEFENSE
9 (Lack of Consideration)
10 As to each and every cause of action allegedly set forth in the Complaint, Plaintiff is
11 barred from any recovery against Defendants by reason that certain purported agreements, if any,
12 were not supported by consideration.
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14 SEVENTEENTH AFFIRMATIVE DEFENSE
15 (Violation of Protective Orders)
16 By pursuing this action, Plaintiff has violated state, county, and city protective orders
17 issued in response to the COVId-19 pandemic.
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20 EIGHTEENTH AFFIRMATIVE DEFENSE
21 (Reservation of Additional Affirmative Defenses)
22 Defendants, without limitation, reserve their rights to assert and plead any additional
23 affirmative defenses to the Complaint that may become apparent as facts concerning the matter
24 arise and are uncovered.
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ATTACHMENT 4: AFFIRMATIVE DEFENSES
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PLD-C-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE: 559-492-8557 FOR COURT USE ONLY Joseph Boyd (#240219) 17351 4S Ranch Parkway Electronically Filed San Diego, CA 92127 11/16/2020 1:34 PM ATTORNEY FOR (NAME): Defendants Superior Court of California County of Stanislaus Insert name of court, judicial district or branch court, if any, and post office and street address: Clerk of the Court Stanislaus County Superior Court By: Sabrina Bouldt, Deputy 800 11th Street Modesto, CA 95354 $435 PAID PLAINTIFF: Nine Islands I, LLC DEFENDANT: Supercuts, Inc., et al. ANSWER—Contract CASE NUMBER: TO COMPLAINT OF (name): Nine Islands I, LLC CV-20-004050 TO CROSS-COMPLAINT (name): 1. This pleading, including attachments and exhibits, consists of the following number of pages: 5 2. DEFENDANT (name): See Attachment 2 answers the complaint or cross-complaint as follows: 3. Check ONLY ONE of the next two boxes: a. Defendant generally denies each statement of the complaint or cross-complaint. (Do not check this box if the verified complaint or cross-complaint demands more than $1,000.) b. Defendant admits that all of the statements of the complaint or cross-complaint are true EXCEPT: (1) Defendant claims the following statements are false (use paragraph numbers or explain): Continued on Attachment 3.b.(1). (2) Defendant has no information or belief that the following statements are true, so defendant denies them (use paragraph numbers or explain): Continued on Attachment 3.b.(2). If this form is used to answer a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 Form Approved for Optional Use Code of Civil Procedure, § 425.12 Judicial Council of California ANSWER—Contract www.courts.ca.gov PLD-C-010 [Rev. January 1, 2007] PLD-C-010 SHORT TITLE: CASE NUMBER: Nine Islands I, LLC v. Supercuts, Inc. et al. CV-20-004050 ANSWER—Contract 4. AFFIRMATIVE DEFENSES Defendant alleges the following additional reasons that plaintiff is not entitled to recover anything: Continued on Attachment 4. 5. Other 6. DEFENDANT PRAYS a. that plaintiff take nothing. b. for costs of suit. c. Other (specify): Attorney fees Statutory penalties Any other and further available relief the court considers proper Joseph Boyd (Type or print name) {Signature of party or attorney) PLD-C - 010 [Rev. January 1, 2007] Page 2 of 2 ANSWER—Contract 1 2 ATTACHMENT 2 3 DEFENDANTS 4 5 The Answer to which this Attachment 2 is attached is filed on behalf of the following 6 defendants: 7 8 1. Supercuts, Inc., a Delaware corporation; 9 2. Supercuts Corporate Shops, Inc., a Delaware corporation; 10 3. Moxie Management Group, LLC, a Delaware limited liability company; and 11 4. Regis Corporation, a Minnesota corporation. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ATTACHMENT 2: DEFENDANTS 1 2 ATTACHMENT 4 3 AFFIRMATIVE DEFENSES 4 5 FIRST AFFIRMATIVE DEFENSE 6 (Failure of Consideration) 7 At the time of the incident alleged in the Complaint, Plaintiff failed to deliver the 8 performance that served as consideration for the alleged agreements. 9 10 SECOND AFFIRMATIVE DEFENSE 11 (Failure of Conditions) 12 At the time of the incident alleged in the Complaint, certain conditions have failed, which 13 bar Plaintiff from the recovery sought in the Complaint. 14 15 THIRD AFFIRMATIVE DEFENSE 16 (Bad Faith) 17 At the time of the incident alleged in the Complaint, Plaintiff acted in bad faith towards 18 Defendants and should thus be barred from recovery. 19 20 FOURTH AFFIRMATIVE DEFENSE 21 (Comparative Fault) 22 At the time of the incident alleged in the Complaint, Plaintiff failed to exercise reasonable 23 or ordinary care, caution, prudence for its own safety such that the injuries or damages allegedly 24 sustained by Plaintiff, if any such exist, were proximately caused or contributed to by the fault of 25 Plaintiff. 26 27 28 1 ATTACHMENT 4: AFFIRMATIVE DEFENSES 1 FIFTH AFFIRMATIVE DEFENSE 2 (Estoppel) 3 Defendants allege that Plaintiff is barred by the doctrine of estoppel from bringing this 4 action. 5 SIXTH AFFIRMATIVE DEFENSE 6 (Laches) 7 Each and every of Plaintiff’s claims is barred by the doctrine of laches. 8 9 SEVENTH AFFIRMATIVE DEFENSE 10 (Failure to Mitigate) 11 Plaintiff is barred from full recovery of damages, if any such exist, by virtue of the fact 12 that Plaintiff failed to mitigate its damages. In the alternative, if it is determined that Plaintiff did 13 indeed suffer damages due to Defendants’ actions, such damages must be reduced by the amount 14 by which Plaintiff was required to mitigate according to law. 15 16 EIGHTH AFFIRMATIVE DEFENSE 17 (Modification of Contract) 18 Plaintiff should be denied recovery on all causes of action in that the parties modified the 19 alleged agreements defined in the Complaint to the effect that Defendants never breached said 20 alleged agreements. 21 22 NINTH AFFIRMATIVE DEFENSE 23 (Plaintiff’s Breach) 24 Plaintiff should be denied any recovery under the Complaint by virtue of the fact that 25 Plaintiff has refused, and continues to refuse, to perform its obligations under the alleged 26 agreements defined in the Complaint. 27 . 28 2 ATTACHMENT 4: AFFIRMATIVE DEFENSES 1 TENTH AFFIRMATIVE DEFENSE 2 (Setoff) 3 Defendants allege that they are entitled to set-off any monetary judgment rendered against 4 them in this action against those sums owing by Plaintiff to Defendants. 5 6 ELEVENTH AFFIRMATIVE DEFENSE 7 (Uncertainty) 8 The Complaint contains fatal uncertainties, including, but not limited to, the fact that it is 9 impossible to determine from the Complaint which of the alleged acts of Defendants caused the 10 injuries alleged in the complaint. 11 12 TWELTH AFFIRMATIVE DEFENSE 13 (Unclean Hands) 14 Plaintiff has not come to court with clean hands as to all causes of action in the 15 Complaint. As a result, Plaintiff is not entitled to the relief requested in the Complaint. 16 17 THIRTEENTH AFFIRMATIVE DEFENSE 18 (No Damage to Plaintiff) 19 Plaintiff is not entitled to any recovery by virtue of the fact that it has not suffered any 20 damage from actions taken by Defendants, but rather Plaintiff has caused his own damage. 21 22 FOURTEENTH AFFIRMATIVE DEFENSE 23 (Waiver) 24 Plaintiff is barred from any recovery under the Complaint in that Plaintiff has waived its 25 rights to maintain any and all causes of actions in set forth in the Complaint. 26 27 28 3 ATTACHMENT 4: AFFIRMATIVE DEFENSES 1 FIFTEENTH AFFIRMATIVE DEFENSE 2 (Discharge of Obligations) 3 Plaintiff is barred from any recovery under the Complaint in that Defendants have fully 4 performed all duties and obligations under all alleged agreements and contracts described in the 5 Complaint, and thus have been discharged from any further obligations allegedly owed to 6 Plaintiff. 7 8 SIXTEENTH AFFIRMATIVE DEFENSE 9 (Lack of Consideration) 10 As to each and every cause of action allegedly set forth in the Complaint, Plaintiff is 11 barred from any recovery against Defendants by reason that certain purported agreements, if any, 12 were not supported by consideration. 13 14 SEVENTEENTH AFFIRMATIVE DEFENSE 15 (Violation of Protective Orders) 16 By pursuing this action, Plaintiff has violated state, county, and city protective orders 17 issued in response to the COVId-19 pandemic. 18 19 20 EIGHTEENTH AFFIRMATIVE DEFENSE 21 (Reservation of Additional Affirmative Defenses) 22 Defendants, without limitation, reserve their rights to assert and plead any additional 23 affirmative defenses to the Complaint that may become apparent as facts concerning the matter 24 arise and are uncovered. 25 26 27 28 4 ATTACHMENT 4: AFFIRMATIVE DEFENSES