Answer: Ryan VS Ferreira

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                                a_
                                         (22791580
                                         Cascenes


). 266382
  -ABREGO
                                   FILED
                                 ALAMEDA COUNTY

                                    AUG 2 6 2019
                            CLERK OF THE SUPERIOR COURT
                            By

{D KURT RHODES




THE STATE OF CALIFORNIA

JNTY OF ALAMEDA



         Case No.:        RG19016925
         UNLIMITED JURISDICTION

         ASSIGNED TO FOR ALL PURPOSES
         THE HONORABLE ROBERT MCGUINESS
         DEPT:       22
RT
         ANSWER TO COMPLAINT




| GIBSON,        CARLOS FERREIRA,          AND KURT

ymplaint of Plaintiff on file herein admit, deny and



     I

f the California Code of Civil Procedure, these

if the allegations of said Complaint, and the whole




[TO COMPLAINT - 1
3 in any sum or sums alleged, or in any other sum or at




  Il

yn file herein, and the whole thereof, these answering

ny injury, damages or loss, if any, by reason of any act

rir agents or employees.

FFIRMATIVE DEFENSES

FIRMATIVE DEFENSE

ative Fault of Plaintiff)

t, the Plaintiffs conduct and actions were so careless,

:in some degree to the alleged incident and to the

1 sustained by said Plaintiff and therefore said

e alternative, it reduces the rights of recovery by that

int as set forth under the doctrine of comparative



FFIRMATIVE DEFENSE

‘ence of Third Parties)

herein as to these answering Defendants in that any

1ed by the Plaintiff herein would be the direct and

nd/or unlawful conduct of independent third parties, or

ission on the part of answering Defendants or their



(MATIVE DEFENSE

ate Cause of Action)



[O COMPLAINT   -2
‘d causes of action fails to state facts sufficient to

ng Defendants.

RMATIVE DEFENSE

Mitigate Damages)

2 care and diligence to mitigate any damages sustained     |

, any damages awarded to Plaintiff shall be limited to

laintiff mitigated her Senne.

MATIVE DEFENSE

of Limitations)

1 stated in the complaint is barred by the provisions of

e of Civil Procedure.

MATIVE DEFENSE

‘Setoff)

tled to a setoff for any monies paid to Plaintiff as an



[RMATIVE DEFENSE

tption of Risk)

int, the Plaintiff, knowing the probable consequences

nger, freely and voluntarily participated in all the

the risks attendant thereto.

RMATIVE DEFENSE

‘laintiff's complaint, Plaintiff was aware of and

il as she did, and despite this knowledge, Plaintiff

 and assumed all risks, including that of being bitten.



"OCOMPLAINT   -3
‘MATIVE DEFENSE

fPs complaint, Plaintiff was not lawfully on the

very under Civil Code §3342. Plaintiff was neither

lations, nor was she on the property by invitation of the



(MATIVE DEFENSE

ey ever, own the dog mentioned/described in Plaintiffs

y

IRMATIVE DEFENSE

1 Plaintiff's complaint, Defendants did not know, and

    molest, or bother people, or that it had a mischievous,




IRMATIVE DEFENSE

ed Defenses)

-esently have insufficient knowledge or information

ay have additional, as yet unstated, affirmative

ie right to answer additional affirmative defenses in the



| AFFIRMATIVE DEFENSE

    affirmative defense to the complaint on file herein, it is

it the time of the accident described in the complaint,

nployment with these answering defendants. Therefore,

and the Worker’s Compensation Appeals Board have




‘OCOMPLAINT     -4
iff's claims and as a result the complaint is barred with



intiff takes nothing by reason of her Complaint and that

dsts.


lOTICE

answer, neither these Defendants nor their counsel

dmissibility of the following statement (or the existence}

 requests that this statement be redacted as may be

ring Defendants.

rtsuyker, Stratman & Williams-Abrego are employees

> Farmers Insurance Group of Companies, and not a




IARTSUYKER, STRATMAN & WILLIAMS-
ABREGO

        A            OO. CHK
WALTER J. MCMATH III, ESQ.
Attorney for Defendants,
STEPHEN GIBSON, CARLOS FERREIRA, AND