Preview
.92132
1 ERIC J. BENGTSON—BAR NO. 254167
DAVIS, BENGTSON & YOUNG, APLC
2 1960 The Alameda, Suite 210
San Jose, CA 95126
3 Phone: 669.245.4200
Fax: 408.985.1814 No Filing Fee for a Public Entity
4 Email: eric@dby-law.com or its Employees (Gov’t Code §6103)
5 Attorneys for Defendant
SOUTH MONTEREY COUNTY JOINT
6 UNION HIGH SCHOOL DISTRICT
7
8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY
9
10 JANE DOE M.P., an individual, Case No. 24CV001169
11 Plaintiff, DEFENDANT SOUTH MONTEREY COUNTY
JOINT UNION HIGH SCHOOL DISTRICT’S
12 vs. ANSWER TO COMPLAINT
13 SOUTH MONTEREY COUNTY JOINT DEMAND FOR JURY TRIAL
UNION HIGH SCHOOL DISTRICT, a
14 public entity; and DOES 1 – 50, Complaint Filed: 3/21/2024
inclusive,
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Defendants.
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18 COMES NOW Defendant SOUTH MONTEREY COUNTY JOINT UNION HIGH
19 SCHOOL DISTRICT and in answer to Plaintiff’s Complaint, admits, denies, and alleges as
20 follows:
21 Answering the allegations contained in each cause of action of said Complaint, this
22 answering Defendant denies each and every, all and singular, generally and specifically,
23 said allegations and the whole thereof and further specifically denies that Plaintiff was
24 damaged in any sum or sums, or at all.
25 AS AND FOR A SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO SAID
26 COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT ALLEGES:
27 That said Complaint does not state facts sufficient to constitute a cause of action.
28 ///
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Defendant South Monterey County Joint Union HSD’s Answer to Complaint; Demand for Jury Trial
.92132
1 AS AND FOR A SECOND SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
2 TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT
3 ALLEGES:
4 That the injuries and damages complained of by Plaintiff, if any there were, were
5 either wholly, or in part, directly and proximately caused by the negligence and/or
6 wrongdoing of persons or entities other than this answering Defendant including both parties
7 and non-parties to this action whether named or not named, and said negligence and/or
8 wrongdoing is either imputed to Plaintiff by reason of the relationship between Plaintiff and
9 said persons or entities, or comparatively reduces the proportion of liability of this answering
10 Defendant.
11 AS AND FOR A THIRD SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
12 SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT
13 ALLEGES:
14 That Plaintiff failed subsequent to the occurrences described in the Complaint to
15 properly mitigate her alleged damages, if any, and is thereby precluded from recovering
16 those damages which could have otherwise been avoided.
17 AS AND FOR A FOURTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
18 TO SAID, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT ALLEGES:
19 That this answering Defendant asserts any and all privileges and immunities pursuant
20 to Government Code sections 800, et seq.
21 AS AND FOR A FIFTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
22 SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT
23 ALLEGES:
24 That the action against Defendant is barred by the provisions of Government Code
25 section 815.
26 AS AND FOR A SIXTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
27 SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF DEFENDANT ALLEGES:
28 That Defendant is immune from liability pursuant to Government Code section
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Defendant South Monterey County Joint Union HSD’s Answer to Complaint; Demand for Jury Trial
.92132
1 815.2(b).
2 AS AND FOR A SEVENTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
3 TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT
4 ALLEGES:
5 That any and all mandatory duties imposed upon the Defendant, the failure of which
6 allegedly gave rise to the incidents alleged in the Complaint or allegedly caused the injuries
7 complained of, were exercised with reasonable diligence and, therefore, Defendant is not
8 liable for the alleged injuries pursuant to Government Code section 815.6.
9 AS AND FOR AN EIGHTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
10 TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT
11 ALLEGES:
12 That Plaintiff’s claims and causes of action are barred pursuant to Government Code
13 section 820(b).
14 AS AND FOR A NINTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
15 SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT
16 ALLEGES:
17 That Defendant is immune from liability arising out of any discretionary act pursuant
18 to Government Code section 820.2.
19 AS AND FOR A TENTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
20 SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT
21 ALLEGES:
22 That Defendant is immune from liability arising out of the act or omission of another
23 person pursuant to Government Code section 820.8.
24 AS AND FOR AN ELEVENTH SEPARATE AND DISTINCT AFFIRMATIVE
25 DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF,
26 DEFENDANT ALLEGES:
27 That any claims or causes of action requiring presentation of a timely government
28 claim are barred based on Government Code sections 900 et seq.
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Defendant South Monterey County Joint Union HSD’s Answer to Complaint; Demand for Jury Trial
.92132
1 AS AND FOR A TWELFTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
2 TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT
3 ALLEGES:
4 That Plaintiff’s action is barred for failure to exhaust administrative remedies.
5 AS AND FOR A THIRTEENTH SEPARATE AND DISTINCT AFFIRMATIVE
6 DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF,
7 DEFENDANT ALLEGES:
8 That Plaintiff’s action is barred to the extent it is based on facts, allegations or theories
9 not included in Plaintiff’s tort claim.
10 AS AND FOR A FOURTEENTH SEPARATE AND DISTINCT AFFIRMATIVE
11 DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF,
12 DEFENDANT ALLEGES:
13 Defendant is immune from liability pursuant to Education Code §44808.
14 AS AND FOR A FIFTEENTH SEPARATE AND DISTINCT AFFIRMATIVE
15 DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF,
16 DEFENDANT ALLEGES:
17 Defendant is immune from liability pursuant to the Coverdell Teacher Protection Act
18 of 2011, 20 U.S.C. § 6731 et seq.
19 AS AND FOR A SIXTEENTH SEPARATE AND DISTINCT AFFIRMATIVE
20 DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF,
21 DEFENDANT ALLEGES:
22 That Defendant presently has insufficient knowledge or information on which to form
23 a belief as to whether it may have additional, yet unstated, affirmative defenses available
24 and, as a result, reserves the right to assert additional affirmative defenses.
25 WHEREFORE, said answering Defendant prays for judgment against Plaintiff, for
26 costs of suit incurred herein, and for such other and further relief as the court may deem
27 just and proper.
28 ///
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Defendant South Monterey County Joint Union HSD’s Answer to Complaint; Demand for Jury Trial
.92132
1 Defendant hereby demands a jury.
2
3 DATED: 5/1/24
DAVIS, BENGTSON & YOUNG, APLC
4
5
By
6 Eric J. Bengtson
Attorneys for Defendant
7 SOUTH MONTEREY COUNTY JOINT
UNION HIGH SCHOOL DISTRICT
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Defendant South Monterey County Joint Union HSD’s Answer to Complaint; Demand for Jury Trial
.92132
1 PROOF OF SERVICE
2 I, the undersigned, say:
3 I am a citizen of the United States. My business address is 1960 The Alameda,
Suite 210, San Jose, CA 95126. I am employed with Davis Bengtson & Young, APLC in
4 the County of Santa Clara, where this service occurs. I am over the age of 18 years, and
not a party to the within matter. On the date set forth below, I served the attached
5 document(s) described as follows:
6 DEFENDANT SOUTH MONTEREY COUNTY JOINT UNION HIGH SCHOOL DISTRICT’S
ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL
7
on the following person(s) in this action by providing a true copy thereof, to the following:
8
Attorneys for Plaintiff Co-Counsel for Plaintiff
9 Raymond P. Boucher William A. Levin
Adam Kargman Kristen E. Drake
10 Derrick L. Luster Levin Simes LLP
Boucher LLP 1700 Montgomery Street, Suite 250
11 21600 Oxnard Street, Suite 600 San Francisco, CA 94111
Woodland Hills, CA 91367 wlevin@levinsimes.com
12 818-340-5400 kdrake@levinsimes.com
ray@boucher.la
13 kargman@boucher.la
luster@boucher.la
14
[ ] (BY MAIL) I am familiar with my firm’s practice for collecting and processing correspondence for
15 mailing with the United States Postal Service, to wit, that correspondence will be deposited with the
United States Postal Service this same day in the ordinary course of business. Following ordinary
16 business practices, I sealed said envelope and placed it for collection and mailing on May 1, 2024.
17 [ ] (BY OVERNIGHT MAIL) I enclosed the documents in an envelope or package provided by an
overnight delivery carrier and addressed to the person(s) at the address(es) listed above. I placed
18 the envelope or package for collection and overnight delivery at an office or a regularly utilized drop
box of the overnight delivery carrier.
19
[XX] (BY EMAIL OR ELECTRONIC TRANSMISSION) I caused the documents to be sent to the
20 person(s) at the electronic service address(es) listed above.
21 I declare under penalty of perjury under the laws of the State of California that the
22 foregoing is true and correct and that this Declaration was executed on May 1, 2024.
23
24
Julie Heaton
25
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Defendant South Monterey County Joint Union HSD’s Answer to Complaint; Demand for Jury Trial
Preview
.92132 1 ERIC J. BENGTSON—BAR NO. 254167 DAVIS, BENGTSON & YOUNG, APLC 2 1960 The Alameda, Suite 210 San Jose, CA 95126 3 Phone: 669.245.4200 Fax: 408.985.1814 No Filing Fee for a Public Entity 4 Email: eric@dby-law.com or its Employees (Gov’t Code §6103) 5 Attorneys for Defendant SOUTH MONTEREY COUNTY JOINT 6 UNION HIGH SCHOOL DISTRICT 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY 9 10 JANE DOE M.P., an individual, Case No. 24CV001169 11 Plaintiff, DEFENDANT SOUTH MONTEREY COUNTY JOINT UNION HIGH SCHOOL DISTRICT’S 12 vs. ANSWER TO COMPLAINT 13 SOUTH MONTEREY COUNTY JOINT DEMAND FOR JURY TRIAL UNION HIGH SCHOOL DISTRICT, a 14 public entity; and DOES 1 – 50, Complaint Filed: 3/21/2024 inclusive, 15 Defendants. 16 17 18 COMES NOW Defendant SOUTH MONTEREY COUNTY JOINT UNION HIGH 19 SCHOOL DISTRICT and in answer to Plaintiff’s Complaint, admits, denies, and alleges as 20 follows: 21 Answering the allegations contained in each cause of action of said Complaint, this 22 answering Defendant denies each and every, all and singular, generally and specifically, 23 said allegations and the whole thereof and further specifically denies that Plaintiff was 24 damaged in any sum or sums, or at all. 25 AS AND FOR A SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO SAID 26 COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT ALLEGES: 27 That said Complaint does not state facts sufficient to constitute a cause of action. 28 /// -1- Defendant South Monterey County Joint Union HSD’s Answer to Complaint; Demand for Jury Trial .92132 1 AS AND FOR A SECOND SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE 2 TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT 3 ALLEGES: 4 That the injuries and damages complained of by Plaintiff, if any there were, were 5 either wholly, or in part, directly and proximately caused by the negligence and/or 6 wrongdoing of persons or entities other than this answering Defendant including both parties 7 and non-parties to this action whether named or not named, and said negligence and/or 8 wrongdoing is either imputed to Plaintiff by reason of the relationship between Plaintiff and 9 said persons or entities, or comparatively reduces the proportion of liability of this answering 10 Defendant. 11 AS AND FOR A THIRD SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 12 SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT 13 ALLEGES: 14 That Plaintiff failed subsequent to the occurrences described in the Complaint to 15 properly mitigate her alleged damages, if any, and is thereby precluded from recovering 16 those damages which could have otherwise been avoided. 17 AS AND FOR A FOURTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE 18 TO SAID, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT ALLEGES: 19 That this answering Defendant asserts any and all privileges and immunities pursuant 20 to Government Code sections 800, et seq. 21 AS AND FOR A FIFTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 22 SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT 23 ALLEGES: 24 That the action against Defendant is barred by the provisions of Government Code 25 section 815. 26 AS AND FOR A SIXTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 27 SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF DEFENDANT ALLEGES: 28 That Defendant is immune from liability pursuant to Government Code section -2- Defendant South Monterey County Joint Union HSD’s Answer to Complaint; Demand for Jury Trial .92132 1 815.2(b). 2 AS AND FOR A SEVENTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE 3 TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT 4 ALLEGES: 5 That any and all mandatory duties imposed upon the Defendant, the failure of which 6 allegedly gave rise to the incidents alleged in the Complaint or allegedly caused the injuries 7 complained of, were exercised with reasonable diligence and, therefore, Defendant is not 8 liable for the alleged injuries pursuant to Government Code section 815.6. 9 AS AND FOR AN EIGHTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE 10 TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT 11 ALLEGES: 12 That Plaintiff’s claims and causes of action are barred pursuant to Government Code 13 section 820(b). 14 AS AND FOR A NINTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 15 SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT 16 ALLEGES: 17 That Defendant is immune from liability arising out of any discretionary act pursuant 18 to Government Code section 820.2. 19 AS AND FOR A TENTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 20 SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT 21 ALLEGES: 22 That Defendant is immune from liability arising out of the act or omission of another 23 person pursuant to Government Code section 820.8. 24 AS AND FOR AN ELEVENTH SEPARATE AND DISTINCT AFFIRMATIVE 25 DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, 26 DEFENDANT ALLEGES: 27 That any claims or causes of action requiring presentation of a timely government 28 claim are barred based on Government Code sections 900 et seq. -3- Defendant South Monterey County Joint Union HSD’s Answer to Complaint; Demand for Jury Trial .92132 1 AS AND FOR A TWELFTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE 2 TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT 3 ALLEGES: 4 That Plaintiff’s action is barred for failure to exhaust administrative remedies. 5 AS AND FOR A THIRTEENTH SEPARATE AND DISTINCT AFFIRMATIVE 6 DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, 7 DEFENDANT ALLEGES: 8 That Plaintiff’s action is barred to the extent it is based on facts, allegations or theories 9 not included in Plaintiff’s tort claim. 10 AS AND FOR A FOURTEENTH SEPARATE AND DISTINCT AFFIRMATIVE 11 DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, 12 DEFENDANT ALLEGES: 13 Defendant is immune from liability pursuant to Education Code §44808. 14 AS AND FOR A FIFTEENTH SEPARATE AND DISTINCT AFFIRMATIVE 15 DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, 16 DEFENDANT ALLEGES: 17 Defendant is immune from liability pursuant to the Coverdell Teacher Protection Act 18 of 2011, 20 U.S.C. § 6731 et seq. 19 AS AND FOR A SIXTEENTH SEPARATE AND DISTINCT AFFIRMATIVE 20 DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, 21 DEFENDANT ALLEGES: 22 That Defendant presently has insufficient knowledge or information on which to form 23 a belief as to whether it may have additional, yet unstated, affirmative defenses available 24 and, as a result, reserves the right to assert additional affirmative defenses. 25 WHEREFORE, said answering Defendant prays for judgment against Plaintiff, for 26 costs of suit incurred herein, and for such other and further relief as the court may deem 27 just and proper. 28 /// -4- Defendant South Monterey County Joint Union HSD’s Answer to Complaint; Demand for Jury Trial .92132 1 Defendant hereby demands a jury. 2 3 DATED: 5/1/24 DAVIS, BENGTSON & YOUNG, APLC 4 5 By 6 Eric J. Bengtson Attorneys for Defendant 7 SOUTH MONTEREY COUNTY JOINT UNION HIGH SCHOOL DISTRICT 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- Defendant South Monterey County Joint Union HSD’s Answer to Complaint; Demand for Jury Trial .92132 1 PROOF OF SERVICE 2 I, the undersigned, say: 3 I am a citizen of the United States. My business address is 1960 The Alameda, Suite 210, San Jose, CA 95126. I am employed with Davis Bengtson & Young, APLC in 4 the County of Santa Clara, where this service occurs. I am over the age of 18 years, and not a party to the within matter. On the date set forth below, I served the attached 5 document(s) described as follows: 6 DEFENDANT SOUTH MONTEREY COUNTY JOINT UNION HIGH SCHOOL DISTRICT’S ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL 7 on the following person(s) in this action by providing a true copy thereof, to the following: 8 Attorneys for Plaintiff Co-Counsel for Plaintiff 9 Raymond P. Boucher William A. Levin Adam Kargman Kristen E. Drake 10 Derrick L. Luster Levin Simes LLP Boucher LLP 1700 Montgomery Street, Suite 250 11 21600 Oxnard Street, Suite 600 San Francisco, CA 94111 Woodland Hills, CA 91367 wlevin@levinsimes.com 12 818-340-5400 kdrake@levinsimes.com ray@boucher.la 13 kargman@boucher.la luster@boucher.la 14 [ ] (BY MAIL) I am familiar with my firm’s practice for collecting and processing correspondence for 15 mailing with the United States Postal Service, to wit, that correspondence will be deposited with the United States Postal Service this same day in the ordinary course of business. Following ordinary 16 business practices, I sealed said envelope and placed it for collection and mailing on May 1, 2024. 17 [ ] (BY OVERNIGHT MAIL) I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the person(s) at the address(es) listed above. I placed 18 the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. 19 [XX] (BY EMAIL OR ELECTRONIC TRANSMISSION) I caused the documents to be sent to the 20 person(s) at the electronic service address(es) listed above. 21 I declare under penalty of perjury under the laws of the State of California that the 22 foregoing is true and correct and that this Declaration was executed on May 1, 2024. 23 24 Julie Heaton 25 26 27 28 -6- Defendant South Monterey County Joint Union HSD’s Answer to Complaint; Demand for Jury Trial