Preview
1 Melinda Guzman, SBN: 137678
MELINDA GUZMAN PROFESSIONAL CORPORATION
2 555 University Avenue, Suite 131
Sacramento, CA 95825
3 Tel: (916) 448-0448
Fax: (916) 448-8628
4 Email: mguzman@theguzmanfirm.com
5 Attorney for Defendant
SUSAN MELENDEZ, SUCCESSOR TRUSTEE OF THE MELENDEZ FAMILY TRUST,
6 Erroneously sued herein as Susan Melendez, an Individual
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SUPERIOR COURT OF CALIFORNIA
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COUNTY OF NAPA – UNLIMITED CIVIL
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MELINDA GUZMAN PROFESSIONAL CORPORATION
555 University Avenue, Suite 131, Sacramento, CA 95825
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ALLISON BURNS, an Individual, Case No. 24CV000380
12 ANSWER TO COMPLAINT BY
Plaintiff, DEFENDANT SUSAN MELENDEZ,
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SUCCESSOR TRUSTEE OF THE
Tel: (916) 448-0448
v.
14 MELENDEZ FAMILY TRUST;
SUSAN MELENDEZ, an Individual; and
DEMAND FOR JURY
DOES 1 TO 50, INCLUSIVE,
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Defendants. Complaint Filed: March 12, 2024
16 Trial Date: not set
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19 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
20 Defendant SUSAN MELENDEZ, SUCCESSOR TRUSTEE OF THE MELENDEZ
21 FAMILY TRUST, Erroneously sued herein as Susan Melendez, an Individual
22 in answer to Plaintiff’s unverified Complaint, allege as follows:
23 I.
24 Under the provisions of Section 431.30 of the California Code of Civil Procedure, this
25 answering Defendant denies each, every and all of the allegations of said Complaint, and the
26 whole thereof, and deny Plaintiff has sustained damages in any sum or sums alleged, or in any
27 other sum or at all.
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DEFENDANT’S ANSWER TO COMPLAINT
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3 AFFIRMATIVE DEFENSES
4 As and for separate affirmative defenses to the allegations contained in said Complaint,
5 these answering defendants allege as follows:
6 1. Plaintiff’s Complaint, and each cause of action therein, fails to state facts
7 sufficient to constitute a cause of action.
8 2. Plaintiff lacks standing to assert its claims against these answering Defendants.
9 3. Plaintiff’s Complaint is barred by all applicable statutes of limitation, including,
10 but not limited to Code of Civil Procedure sections 337 (1); 338 (d); 340, and or 335.1.
MELINDA GUZMAN PROFESSIONAL CORPORATION
555 University Avenue, Suite 131, Sacramento, CA 95825
11 4. Plaintiff’s Complaint, and each cause of action therein, is barred by the Doctrines
12 of Mistake of Fact and/or Mistake of Law.
13 5. By the actions and conduct of Plaintiff in relation to each Defendant, Plaintiff
Tel: (916) 448-0448
14 waived his/her claim to proceed against each Defendant as set forth in the Complaint.
15 6. Each answering Defendant at all times acted with justification and in good faith
16 and did not directly or indirectly perform any acts whatsoever which would constitute a violation
17 of any rights possessed by Plaintiff or any duty owed to Plaintiff.
18 7. The Complaint, and each cause of action therein, is barred by the doctrine of
19 laches.
20 8. The Complaint, and each cause of action therein, is barred by the doctrine of
21 unclean hands.
22 9. Plaintiff is estopped by its conduct to assert the allegations set forth in the
23 Complaint.
24 10. Plaintiff failed to act reasonably to mitigate his damages, if any there be, and
25 each answering Defendant is exonerated from any liability to the extent thereof.
26 11. Each answering Defendant is entitled to a setoff of any and all damages caused or
27 created by Plaintiff against Defendants.
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DEFENDANT’S ANSWER TO COMPLAINT
1 12. That at all times mentioned in the complaint, the plaintiff so carelessly recklessly,
2 and negligently conducted and maintained himself so as to cause and contribute in some degree
3 to the alleged incident and to the damages and injuries, if any, alleged to have been sustained by
4 said Plaintiff and therefore said negligence completely bars any recovery or in the alternative, it
5 reduces the right of recovery by that amount said negligence contributed to this incident as set
6 forth under the doctrine of comparative negligence.
7 13. That at all times mentioned in the complaint, plaintiff knowing the probable
8 consequences thereof, placed himself/herself in a position of danger and freely and voluntarily
9 participated in al the activities alleged herein, and thereby assumed all the risks attendant thereto.
10 14. That Plaintiff is barred from any recovery as to each answering Defendant in that
MELINDA GUZMAN PROFESSIONAL CORPORATION
555 University Avenue, Suite 131, Sacramento, CA 95825
11 any damage proven to have been sustained by Plaintiff was the direct and proximate result of the
12 independent and superseding action of plaintiff and other persons or parties, and not due to any
13 act or omission on the part of each answering Defendant.
Tel: (916) 448-0448
14 15. Plaintiff’s claim for damages is or may be barred by the provisions of Civil Code
15 Section 3333.3 and or 3333.4.
16 16. If plaintiff suffered any losses, damages, injuries, and or harm, such losses, harm,
17 damages and or injuries were proximately caused, contributed to and or initiated by persons and
18 or entities other than the answering defendants, and the liability of all defendants named or
19 unnamed, should be apportioned according to their relative degrees of fault, and the liability, if
20 any, of the answering defendants should be reduced accordingly.
21 17. Under and pursuant to the terms of Civil Code Sections 1431.1 through 1431.5,
22 plaintiff is barred from and precluded from recovery against these defendants for any non-
23 economic damages except those allocated in direct proportion to the percentage of fault allocated
24 to these defendants, if any.
25 18. That to the extent plaintiff’s claims arise from a work-related injury, workers
26 compensation laws and the Worker’s Compensation Appeals Board have exclusive jurisdiction.
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DEFENDANT’S ANSWER TO COMPLAINT
1 19. Each answering Defendant reserves the right to amend this Answer to the
2 Complaint to assert additional affirmative defenses, and to supplement, alter or change the
3 answer upon discovery of additional facts.
4 20. That this Defendant lacked notice of any alleged dangerous condition of property,
5 and that if it had notice, which it denies, it did not have such notice long enough before the
6 alleged accident to have taken appropriate protective measures.
7 21. That this answering Defendant lacked ownership, possession or control of the area
8 where plaintiff claims to have been injured and that therefore this Defendant had no obligation
9 nor ability to remedy the allegedly dangerous condition.
10 DEMAND FOR JURY
MELINDA GUZMAN PROFESSIONAL CORPORATION
555 University Avenue, Suite 131, Sacramento, CA 95825
11 Defendant hereby demands a jury for the trial of this matter.
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WHEREFORE, DEFENDANT SUSAN MELENDEZ, SUCCESSOR TRUSTEE OF
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Tel: (916) 448-0448
14 THE MELENDEZ FAMILY TRUST, erroneously sued herein as Susan Melendez, an Individual
15 prays for judgment against Plaintiff as follows:
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1. That Plaintiff take nothing by way of the Complaint on file herein;
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2. That this answering Defendant be dismissed with prejudice from this Complaint;
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3. That each answering Defendant be awarded its costs of the suit incurred herein;
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4. That each answering Defendant may be awarded such other and further relief as
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the court deems just and proper.
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DATED: May __, 2024 MELINDA GUZMAN PROFESSIONAL
23 CORPORATION
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25 By:___________________________________
MELINDA GUZMAN
26 Attorney for Defendant
SUSAN MELENDEZ, SUCCESSOR TRUSTEE
27 OF THE MELENDEZ FAMILY TRUST
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DEFENDANT’S ANSWER TO COMPLAINT
MELINDA GUZMAN PROFESSIONAL CORPORATION
555 University Avenue, Suite 131, Sacramento, CA 95825
Tel: (916) 448-0448
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PROOF OF SERVICE
DEFENDANT’S ANSWER TO COMPLAINT
1 PROOF OF SERVICE
2 I am a citizen of the United States, am over the age of eighteen (18), and am not a party
3 to the within action. I declare that I am employed in the offices of a member of the bar of this
4 court at whose direction this service was made.
5 On the date below, I served the foregoing document(s) described as:
6 ANSWER TO COMPLAINT BY DEFENDANT; DEMAND FOR JURY
7 on the interested parties in this action as follows:
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9 Attorneys for Plaintiff:
10 Jerome P. Bellotti
MELINDA GUZMAN PROFESSIONAL CORPORATION
555 University Avenue, Suite 131, Sacramento, CA 95825
Harris Personal Injury Lawyers, Inc.
11 55 S. Market Street, Suite 1010
San Jose, CA 95113
12 Telephone: 408-512-3600
Email: jerome@harrispersonalinjury.com
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Tel: (916) 448-0448
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16 ☐ (BY MAIL) I am familiar with the business practices of Melinda Guzman Professional
Corporation for collecting and processing mail and know that the mail in said offices is
17 collected and processed on the same date as indicated below. I served the aforementioned
document(s) on the parties in said action by placing a true copy thereof enclosed in a
18 sealed envelope with postage thereon fully prepaid, for collection and mailing, following
ordinary business practices to be placed in the United States mail at Sacramento,
19 California.
20 ☐ (PERSONAL SERVICE) I caused such envelope to be delivered by hand to the offices of
the addressee(s).
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☐ (BY FEDERAL EXPRESS/CALIFORNIA OVERNIGHT) I caused such envelope with
22 fees prepaid thereon to be delivered via Federal Express/California Overnight from
Sacramento, California.
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☐ (VIA FACSIMILE) I caused such document to be sent via facsimile to the above-listed
24 facsimile number(s) and thereafter caused a copy to be placed in the United States mail at
Sacramento, California.
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☒ (VIA ELECTRONIC SERVICE) I caused such document to be sent via electronic
26 submission to the persons at the electronic notifications addresses listed above based
upon a court order or an agreement of the parties to accept service by electronic
27 submission, service of said document(s) to the electronic mail addresses set forth above
before 11:59 pm pursuant to Code of Civil Procedure section 1010.6(a)(2), (4), and (5).
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Proof of Service
1 I declare under penalty of perjury under the laws of the State of California that the
2 foregoing is true and correct.
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4 Executed ___________________, 2024, at Sacramento, California.
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7 ____________________________________
8 Dominique Moore, MA
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MELINDA GUZMAN PROFESSIONAL CORPORATION
555 University Avenue, Suite 131, Sacramento, CA 95825
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Tel: (916) 448-0448
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Proof of Service
Preview
1 Melinda Guzman, SBN: 137678 MELINDA GUZMAN PROFESSIONAL CORPORATION 2 555 University Avenue, Suite 131 Sacramento, CA 95825 3 Tel: (916) 448-0448 Fax: (916) 448-8628 4 Email: mguzman@theguzmanfirm.com 5 Attorney for Defendant SUSAN MELENDEZ, SUCCESSOR TRUSTEE OF THE MELENDEZ FAMILY TRUST, 6 Erroneously sued herein as Susan Melendez, an Individual 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF NAPA – UNLIMITED CIVIL 10 MELINDA GUZMAN PROFESSIONAL CORPORATION 555 University Avenue, Suite 131, Sacramento, CA 95825 11 ALLISON BURNS, an Individual, Case No. 24CV000380 12 ANSWER TO COMPLAINT BY Plaintiff, DEFENDANT SUSAN MELENDEZ, 13 SUCCESSOR TRUSTEE OF THE Tel: (916) 448-0448 v. 14 MELENDEZ FAMILY TRUST; SUSAN MELENDEZ, an Individual; and DEMAND FOR JURY DOES 1 TO 50, INCLUSIVE, 15 Defendants. Complaint Filed: March 12, 2024 16 Trial Date: not set 17 18 19 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 20 Defendant SUSAN MELENDEZ, SUCCESSOR TRUSTEE OF THE MELENDEZ 21 FAMILY TRUST, Erroneously sued herein as Susan Melendez, an Individual 22 in answer to Plaintiff’s unverified Complaint, allege as follows: 23 I. 24 Under the provisions of Section 431.30 of the California Code of Civil Procedure, this 25 answering Defendant denies each, every and all of the allegations of said Complaint, and the 26 whole thereof, and deny Plaintiff has sustained damages in any sum or sums alleged, or in any 27 other sum or at all. 28 1 DEFENDANT’S ANSWER TO COMPLAINT 1 2 II 3 AFFIRMATIVE DEFENSES 4 As and for separate affirmative defenses to the allegations contained in said Complaint, 5 these answering defendants allege as follows: 6 1. Plaintiff’s Complaint, and each cause of action therein, fails to state facts 7 sufficient to constitute a cause of action. 8 2. Plaintiff lacks standing to assert its claims against these answering Defendants. 9 3. Plaintiff’s Complaint is barred by all applicable statutes of limitation, including, 10 but not limited to Code of Civil Procedure sections 337 (1); 338 (d); 340, and or 335.1. MELINDA GUZMAN PROFESSIONAL CORPORATION 555 University Avenue, Suite 131, Sacramento, CA 95825 11 4. Plaintiff’s Complaint, and each cause of action therein, is barred by the Doctrines 12 of Mistake of Fact and/or Mistake of Law. 13 5. By the actions and conduct of Plaintiff in relation to each Defendant, Plaintiff Tel: (916) 448-0448 14 waived his/her claim to proceed against each Defendant as set forth in the Complaint. 15 6. Each answering Defendant at all times acted with justification and in good faith 16 and did not directly or indirectly perform any acts whatsoever which would constitute a violation 17 of any rights possessed by Plaintiff or any duty owed to Plaintiff. 18 7. The Complaint, and each cause of action therein, is barred by the doctrine of 19 laches. 20 8. The Complaint, and each cause of action therein, is barred by the doctrine of 21 unclean hands. 22 9. Plaintiff is estopped by its conduct to assert the allegations set forth in the 23 Complaint. 24 10. Plaintiff failed to act reasonably to mitigate his damages, if any there be, and 25 each answering Defendant is exonerated from any liability to the extent thereof. 26 11. Each answering Defendant is entitled to a setoff of any and all damages caused or 27 created by Plaintiff against Defendants. 28 2 DEFENDANT’S ANSWER TO COMPLAINT 1 12. That at all times mentioned in the complaint, the plaintiff so carelessly recklessly, 2 and negligently conducted and maintained himself so as to cause and contribute in some degree 3 to the alleged incident and to the damages and injuries, if any, alleged to have been sustained by 4 said Plaintiff and therefore said negligence completely bars any recovery or in the alternative, it 5 reduces the right of recovery by that amount said negligence contributed to this incident as set 6 forth under the doctrine of comparative negligence. 7 13. That at all times mentioned in the complaint, plaintiff knowing the probable 8 consequences thereof, placed himself/herself in a position of danger and freely and voluntarily 9 participated in al the activities alleged herein, and thereby assumed all the risks attendant thereto. 10 14. That Plaintiff is barred from any recovery as to each answering Defendant in that MELINDA GUZMAN PROFESSIONAL CORPORATION 555 University Avenue, Suite 131, Sacramento, CA 95825 11 any damage proven to have been sustained by Plaintiff was the direct and proximate result of the 12 independent and superseding action of plaintiff and other persons or parties, and not due to any 13 act or omission on the part of each answering Defendant. Tel: (916) 448-0448 14 15. Plaintiff’s claim for damages is or may be barred by the provisions of Civil Code 15 Section 3333.3 and or 3333.4. 16 16. If plaintiff suffered any losses, damages, injuries, and or harm, such losses, harm, 17 damages and or injuries were proximately caused, contributed to and or initiated by persons and 18 or entities other than the answering defendants, and the liability of all defendants named or 19 unnamed, should be apportioned according to their relative degrees of fault, and the liability, if 20 any, of the answering defendants should be reduced accordingly. 21 17. Under and pursuant to the terms of Civil Code Sections 1431.1 through 1431.5, 22 plaintiff is barred from and precluded from recovery against these defendants for any non- 23 economic damages except those allocated in direct proportion to the percentage of fault allocated 24 to these defendants, if any. 25 18. That to the extent plaintiff’s claims arise from a work-related injury, workers 26 compensation laws and the Worker’s Compensation Appeals Board have exclusive jurisdiction. 27 28 3 DEFENDANT’S ANSWER TO COMPLAINT 1 19. Each answering Defendant reserves the right to amend this Answer to the 2 Complaint to assert additional affirmative defenses, and to supplement, alter or change the 3 answer upon discovery of additional facts. 4 20. That this Defendant lacked notice of any alleged dangerous condition of property, 5 and that if it had notice, which it denies, it did not have such notice long enough before the 6 alleged accident to have taken appropriate protective measures. 7 21. That this answering Defendant lacked ownership, possession or control of the area 8 where plaintiff claims to have been injured and that therefore this Defendant had no obligation 9 nor ability to remedy the allegedly dangerous condition. 10 DEMAND FOR JURY MELINDA GUZMAN PROFESSIONAL CORPORATION 555 University Avenue, Suite 131, Sacramento, CA 95825 11 Defendant hereby demands a jury for the trial of this matter. 12 WHEREFORE, DEFENDANT SUSAN MELENDEZ, SUCCESSOR TRUSTEE OF 13 Tel: (916) 448-0448 14 THE MELENDEZ FAMILY TRUST, erroneously sued herein as Susan Melendez, an Individual 15 prays for judgment against Plaintiff as follows: 16 1. That Plaintiff take nothing by way of the Complaint on file herein; 17 2. That this answering Defendant be dismissed with prejudice from this Complaint; 18 3. That each answering Defendant be awarded its costs of the suit incurred herein; 19 4. That each answering Defendant may be awarded such other and further relief as 20 the court deems just and proper. 21 22 DATED: May __, 2024 MELINDA GUZMAN PROFESSIONAL 23 CORPORATION 24 25 By:___________________________________ MELINDA GUZMAN 26 Attorney for Defendant SUSAN MELENDEZ, SUCCESSOR TRUSTEE 27 OF THE MELENDEZ FAMILY TRUST 28 4 DEFENDANT’S ANSWER TO COMPLAINT MELINDA GUZMAN PROFESSIONAL CORPORATION 555 University Avenue, Suite 131, Sacramento, CA 95825 Tel: (916) 448-0448 28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 5 PROOF OF SERVICE DEFENDANT’S ANSWER TO COMPLAINT 1 PROOF OF SERVICE 2 I am a citizen of the United States, am over the age of eighteen (18), and am not a party 3 to the within action. I declare that I am employed in the offices of a member of the bar of this 4 court at whose direction this service was made. 5 On the date below, I served the foregoing document(s) described as: 6 ANSWER TO COMPLAINT BY DEFENDANT; DEMAND FOR JURY 7 on the interested parties in this action as follows: 8 9 Attorneys for Plaintiff: 10 Jerome P. Bellotti MELINDA GUZMAN PROFESSIONAL CORPORATION 555 University Avenue, Suite 131, Sacramento, CA 95825 Harris Personal Injury Lawyers, Inc. 11 55 S. Market Street, Suite 1010 San Jose, CA 95113 12 Telephone: 408-512-3600 Email: jerome@harrispersonalinjury.com 13 Tel: (916) 448-0448 14 15 16 ☐ (BY MAIL) I am familiar with the business practices of Melinda Guzman Professional Corporation for collecting and processing mail and know that the mail in said offices is 17 collected and processed on the same date as indicated below. I served the aforementioned document(s) on the parties in said action by placing a true copy thereof enclosed in a 18 sealed envelope with postage thereon fully prepaid, for collection and mailing, following ordinary business practices to be placed in the United States mail at Sacramento, 19 California. 20 ☐ (PERSONAL SERVICE) I caused such envelope to be delivered by hand to the offices of the addressee(s). 21 ☐ (BY FEDERAL EXPRESS/CALIFORNIA OVERNIGHT) I caused such envelope with 22 fees prepaid thereon to be delivered via Federal Express/California Overnight from Sacramento, California. 23 ☐ (VIA FACSIMILE) I caused such document to be sent via facsimile to the above-listed 24 facsimile number(s) and thereafter caused a copy to be placed in the United States mail at Sacramento, California. 25 ☒ (VIA ELECTRONIC SERVICE) I caused such document to be sent via electronic 26 submission to the persons at the electronic notifications addresses listed above based upon a court order or an agreement of the parties to accept service by electronic 27 submission, service of said document(s) to the electronic mail addresses set forth above before 11:59 pm pursuant to Code of Civil Procedure section 1010.6(a)(2), (4), and (5). 28 1 Proof of Service 1 I declare under penalty of perjury under the laws of the State of California that the 2 foregoing is true and correct. 3 4 Executed ___________________, 2024, at Sacramento, California. 5 6 7 ____________________________________ 8 Dominique Moore, MA 9 10 MELINDA GUZMAN PROFESSIONAL CORPORATION 555 University Avenue, Suite 131, Sacramento, CA 95825 11 12 13 Tel: (916) 448-0448 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Proof of Service