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1 DEBRA S. BALLARD, No. 164289
LAW OFFICES OF CARMIN K. SHAFFER
2 2 Park Plaza, Suite 1075
3 Irvine, California 92614-8587
Tel: (949) 252-8000
4 Fax: (949) 252-9165
debra.ballard1@usaa.com
5
6
Attorneys for Defendants,
7 ACHILLES EDWARD ARNOLD and CHRISTOPHER L. ARNOLD
8
9 SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF SANTA BARBARA - ANACAPA DIVISION
11
12 YILING ZHUANG, Case No. 24CV01257
13 Plaintiff, Judge Thomas P Anderle
Dept. 3
14
15 (Complaint Filed March 5, 2024)
16 vs. ACHILLES EDWARD ARNOLD AND
CHRISTOPHER L. ARNOLD’S
17
ACHILLES EDWARD ARNOLD, ANSWER TO COMPLAINT
18 CHRISTOPHER L. ARNOLD AND DOES
1-40,
19
20 Defendants.
21
22 COMES NOW Defendants, ACHILLES EDWARD ARNOLD and CHRISTOPHER L.
23 ARNOLD, in answer to the Complaint on file herein, and admit, deny and allege as follows:
24 Under the provisions of California Code of Civil Procedure Section 431.30, these
25 answering Defendants generally and specifically deny each and every allegation contained in said
26 Complaint, and the whole thereof, and each and every alleged cause of action thereof and deny that
27 Plaintiff sustained damages in the sum or sums alleged, or in any other sum or sums, or at all, by
28 reason of any act, breach or omission on the part of these answering Defendants.
ANSWER TO COMPLAINT
1 FIRST AFFIRMATIVE DEFENSE
2 These answering Defendants are informed and believe and thereon allege that at all times
3 mentioned here in that the negligent, careless, reckless and unlawful conduct of Plaintiff
4 contributed to the alleged injuries and damages and said negligence and/or fault of Plaintiff
5 reduces any recovery otherwise available to Plaintiff.
6 SECOND AFFIRMATIVE DEFENSE
7 These answering Defendants are informed and believe and thereon allege that at all times
8 mentioned herein , that if Plaintiff suffered or sustained any loss, damage or injury as alleged in the
9 Complaint, the loss, damage or injury was proximately caused or contributed to by the actions of
10 Plaintiff, or concurrent tortfeasors, persons, entities, named or unnamed, and that the actions or
11 omissions to act, if any, of these answering Defendants are imputed to, and/or should be
12 indemnified by said named or unnamed tortfeasors.
13 THIRD AFFIRMATIVE DEFENSE
14 These answering Defendants are informed and believe and thereon allege that at all times
15 mentioned herein, that if Plaintiff suffered or sustained any loss, damage or injury as alleged in the
16 Complaint, the loss, damage or injury was proximately caused or contributed to by the actions of
17 Plaintiff or other Defendants, persons, entities, named or unnamed, and that said actions were an
18 intervening and superseding cause of the loss, damage and injury of which Plaintiff complains.
19 FOURTH AFFIRMATIVE DEFENSE
20 These answering Defendants are informed and believe and thereon allege that in the event
21 Plaintiff should establish any liability on the part of these answering Defendants, which liability is
22 expressly denied, that these answering Defendants may not be obligated to pay sums representing
23 a proportion or percentage of fault not their own, but that of Plaintiff, other parties to this action
24 and third persons not parties to this action. Therefore, Defendants are entitled to an adjudication
25 and determination of the respective proportions or percentages of fault, if any, on these answering
26 Defendants’ part, on the part of Plaintiff, other parties to this action and third person not party to
27 this action pursuant to the Doctrines of Comparative Negligence and the Fair Responsibility Act of
28 1986, codified in California Civil Code Sections 1431-1431.5.
-2-
ANSWER TO COMPLAINT
1 FIFTH AFFIRMATIVE DEFENSE
2
Plaintiff’s claim for non-economic damages is barred by California Civil Code Section
3
3333.4.
4
SIXTH AFFIRMATIVE DEFENSE
5
Plaintiff has failed to make any reasonable effort to mitigate her damages, if any, in whole
6
or in part.
7
SEVENTH AFFIRMATIVE DEFENSE
8
Plaintiff’s Complaint, and each and every portion thereof, fails to set forth facts sufficient
9
to constitute a viable cause of action as against these answering Defendants.
10
EIGHTH AFFIRMATIVE DEFENSE
11
12 As and for a further, separate and distinct answer and defense to Plaintiff’s Complaint on
13 file herein, these answering Defendants allege that Plaintiff’s Complaint is barred by the
14 provisions of, Section 335.1 of the California Code of Civil Procedure.
15 WHEREFORE, these answering Defendants pray as follows:
16 1. That Plaintiff takes nothing by reason of her Complaint herein;
17 2. That these answering Defendants be awarded their costs of suit incurred herein;
18 3. For such other and further relief as the Court deems just and proper.
19
20 DATED: May 10, 2024 LAW OFFICES OF CARMIN K. SHAFFER
21
22
23
24
By:_________________________________
25 DEBRA S. BALLARD
Attorneys for Defendants,
26 ACHILLES EDWARD ARNOLD AND
27 CHRISTOPHER L. ARNOLD
28
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ANSWER TO COMPLAINT
PROOF OF SERVICE
[1013(a)(1)&(3) CCP (Rev.1/98)]
Zhuang v Arnold
Superior Court, Santa Barbara County, Case Number: 24CV01257
Judge: Thomas P Anderle, Dept. 3
I, the undersigned, declare that: I am over the age of 18 years and not a party to the within action.
I am employed in the County of Orange, State of California, where the within mailing or other
method of service occurs, and my business address is 2 Park Plaza, Suite 1075, Irvine, California
92614-8587.
On the date listed below, I served the foregoing document described as ACHILLES EDWARD
ARNOLD AND CHRISTOPHER L. ARNOLD’S ANSWER TO COMPLAINT on the
interested parties listed below:
Renee J. Nordstrand, Esq.
Douglas M. Black, Esq.
Matthew M. Morrison, Esq.
NORDSTRAND BLACK PC
33 West Mission Street, Ste. 206
Santa Barbara, CA 93101
(805)962-2022 FAX (805)962-5001
Attorneys for Plaintiff, YILING ZHUANG
mm@nblaw.us
secretary@nblaw.us
BY E-MAIL OR ELECTRONIC TRANSMISSION, I electronically served the
document(s) to the persons at the e-mail addresses listed above. I did not receive, within a
reasonable time after the transmission, any electronic message or other indication that the
transmission was unsuccessful.
Executed at Irvine, California on May 10, 2024. I declare under penalty of perjury under the laws
of the State of California that the foregoing is true and correct.
Katherina Lininger-McKane
Electronically signed pursuant to Civil Code
§1633.7(d) which states: “If the law requires a
signature, an electronic signature satisfies the law."
ANSWER TO COMPLAINT
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1 DEBRA S. BALLARD, No. 164289 LAW OFFICES OF CARMIN K. SHAFFER 2 2 Park Plaza, Suite 1075 3 Irvine, California 92614-8587 Tel: (949) 252-8000 4 Fax: (949) 252-9165 debra.ballard1@usaa.com 5 6 Attorneys for Defendants, 7 ACHILLES EDWARD ARNOLD and CHRISTOPHER L. ARNOLD 8 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SANTA BARBARA - ANACAPA DIVISION 11 12 YILING ZHUANG, Case No. 24CV01257 13 Plaintiff, Judge Thomas P Anderle Dept. 3 14 15 (Complaint Filed March 5, 2024) 16 vs. ACHILLES EDWARD ARNOLD AND CHRISTOPHER L. ARNOLD’S 17 ACHILLES EDWARD ARNOLD, ANSWER TO COMPLAINT 18 CHRISTOPHER L. ARNOLD AND DOES 1-40, 19 20 Defendants. 21 22 COMES NOW Defendants, ACHILLES EDWARD ARNOLD and CHRISTOPHER L. 23 ARNOLD, in answer to the Complaint on file herein, and admit, deny and allege as follows: 24 Under the provisions of California Code of Civil Procedure Section 431.30, these 25 answering Defendants generally and specifically deny each and every allegation contained in said 26 Complaint, and the whole thereof, and each and every alleged cause of action thereof and deny that 27 Plaintiff sustained damages in the sum or sums alleged, or in any other sum or sums, or at all, by 28 reason of any act, breach or omission on the part of these answering Defendants. ANSWER TO COMPLAINT 1 FIRST AFFIRMATIVE DEFENSE 2 These answering Defendants are informed and believe and thereon allege that at all times 3 mentioned here in that the negligent, careless, reckless and unlawful conduct of Plaintiff 4 contributed to the alleged injuries and damages and said negligence and/or fault of Plaintiff 5 reduces any recovery otherwise available to Plaintiff. 6 SECOND AFFIRMATIVE DEFENSE 7 These answering Defendants are informed and believe and thereon allege that at all times 8 mentioned herein , that if Plaintiff suffered or sustained any loss, damage or injury as alleged in the 9 Complaint, the loss, damage or injury was proximately caused or contributed to by the actions of 10 Plaintiff, or concurrent tortfeasors, persons, entities, named or unnamed, and that the actions or 11 omissions to act, if any, of these answering Defendants are imputed to, and/or should be 12 indemnified by said named or unnamed tortfeasors. 13 THIRD AFFIRMATIVE DEFENSE 14 These answering Defendants are informed and believe and thereon allege that at all times 15 mentioned herein, that if Plaintiff suffered or sustained any loss, damage or injury as alleged in the 16 Complaint, the loss, damage or injury was proximately caused or contributed to by the actions of 17 Plaintiff or other Defendants, persons, entities, named or unnamed, and that said actions were an 18 intervening and superseding cause of the loss, damage and injury of which Plaintiff complains. 19 FOURTH AFFIRMATIVE DEFENSE 20 These answering Defendants are informed and believe and thereon allege that in the event 21 Plaintiff should establish any liability on the part of these answering Defendants, which liability is 22 expressly denied, that these answering Defendants may not be obligated to pay sums representing 23 a proportion or percentage of fault not their own, but that of Plaintiff, other parties to this action 24 and third persons not parties to this action. Therefore, Defendants are entitled to an adjudication 25 and determination of the respective proportions or percentages of fault, if any, on these answering 26 Defendants’ part, on the part of Plaintiff, other parties to this action and third person not party to 27 this action pursuant to the Doctrines of Comparative Negligence and the Fair Responsibility Act of 28 1986, codified in California Civil Code Sections 1431-1431.5. -2- ANSWER TO COMPLAINT 1 FIFTH AFFIRMATIVE DEFENSE 2 Plaintiff’s claim for non-economic damages is barred by California Civil Code Section 3 3333.4. 4 SIXTH AFFIRMATIVE DEFENSE 5 Plaintiff has failed to make any reasonable effort to mitigate her damages, if any, in whole 6 or in part. 7 SEVENTH AFFIRMATIVE DEFENSE 8 Plaintiff’s Complaint, and each and every portion thereof, fails to set forth facts sufficient 9 to constitute a viable cause of action as against these answering Defendants. 10 EIGHTH AFFIRMATIVE DEFENSE 11 12 As and for a further, separate and distinct answer and defense to Plaintiff’s Complaint on 13 file herein, these answering Defendants allege that Plaintiff’s Complaint is barred by the 14 provisions of, Section 335.1 of the California Code of Civil Procedure. 15 WHEREFORE, these answering Defendants pray as follows: 16 1. That Plaintiff takes nothing by reason of her Complaint herein; 17 2. That these answering Defendants be awarded their costs of suit incurred herein; 18 3. For such other and further relief as the Court deems just and proper. 19 20 DATED: May 10, 2024 LAW OFFICES OF CARMIN K. SHAFFER 21 22 23 24 By:_________________________________ 25 DEBRA S. BALLARD Attorneys for Defendants, 26 ACHILLES EDWARD ARNOLD AND 27 CHRISTOPHER L. ARNOLD 28 -3- ANSWER TO COMPLAINT PROOF OF SERVICE [1013(a)(1)&(3) CCP (Rev.1/98)] Zhuang v Arnold Superior Court, Santa Barbara County, Case Number: 24CV01257 Judge: Thomas P Anderle, Dept. 3 I, the undersigned, declare that: I am over the age of 18 years and not a party to the within action. I am employed in the County of Orange, State of California, where the within mailing or other method of service occurs, and my business address is 2 Park Plaza, Suite 1075, Irvine, California 92614-8587. On the date listed below, I served the foregoing document described as ACHILLES EDWARD ARNOLD AND CHRISTOPHER L. ARNOLD’S ANSWER TO COMPLAINT on the interested parties listed below: Renee J. Nordstrand, Esq. Douglas M. Black, Esq. Matthew M. Morrison, Esq. NORDSTRAND BLACK PC 33 West Mission Street, Ste. 206 Santa Barbara, CA 93101 (805)962-2022 FAX (805)962-5001 Attorneys for Plaintiff, YILING ZHUANG mm@nblaw.us secretary@nblaw.us BY E-MAIL OR ELECTRONIC TRANSMISSION, I electronically served the document(s) to the persons at the e-mail addresses listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. Executed at Irvine, California on May 10, 2024. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Katherina Lininger-McKane Electronically signed pursuant to Civil Code §1633.7(d) which states: “If the law requires a signature, an electronic signature satisfies the law." ANSWER TO COMPLAINT