LAW OFFICE OF RIKISHA D.

THOMAS
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RIKISHA D. THOMAS SBN: 276609
2 2132 WEST TEMPLE ST.
LOS ANGELES, CA 90026
3 TEL: (213) 531-9875
FAX: (213) 895-4897
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EMAIL: [email protected]
5 CC: [email protected]
6 Attorney for Defendants
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CENTRO MUNDIAL; PAULO ORTEGA aka PABLO ORTEGA.

10 SUPERIOR COURT OF THE STATE OF CALIFORNIA

11 FOR THE COUNTY OF LOS ANGELES

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RUFINO LAUREANO, an individual; ) CASE NO.: 22NWCV00539
13 )
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14 Plaintiff, ) Honorable Wendy Chang
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15 ) ANSWER TO UNVERIFED COMPLAINT
vs. )
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)
17 )
18 CENTRO MUNDIAL; An Unknown Entity; ))
PAULO ORTEGA aka PABLO ORTEGA, An )
19 Individual; and DOES 1 through 50, Inclusive; )
)
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Defendants. )
)
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_____________________________________ )
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ANSWER TO UNVERIFIED COMPLAINT - 1

 Defendants CENTRO MUNDIAL and PAULO ORTEGA aka PABLO ORTEGA hereby
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2 answer the unverified complaint filed by Plaintiff RUFINO LAUREANO as follows:

3 GENERAL DENIAL
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Pursuant to California Code of Civil Procedure section 431.30, Defendants deny
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generally and specifically each and every allegation and cause of action set forth in the
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unverified Complaint against Defendants and further deny that Plaintiff herein has sustained

8 injury or damage in the amount alleged, or in any amount, or amounts, or at all, which were
9 proximately caused by these answering Defendants. Defendants further deny that Plaintiff is
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entitled to relief sought in the Unverified Complaint or to any relief whatsoever.
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FURTHER, AS SEPARATE AFFIRMATIVE DEFENSES to each and every cause of
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13 action to the Unverified Complaint, Defendants, on information and belief, allege the following:

14 AFFIRMATIVE DEFENSES
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On information and belief, Defendants allege the following affirmative defenses. By
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asserting these affirmative defenses, Defendants do not admit or allege that they bear the burden
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of proof on any matter related to any of the affirmative defenses. Similarly, insofar as any of the
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19 following expresses denial of an element of the causes of action, or any of them, alleged against

20 Defendants, such expression is in no way intended as a concession that Plaintiff is relieved of

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their burden to prove each and every element of any such cause of action.
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FIRST AFFIRMATIVE DEFENSE
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(Failure to State a Claim)

25 The Unverified Complaint, and each cause of action therein, fails to state a claim upon
26 which relief can be granted.
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ANSWER TO UNVERIFIED COMPLAINT - 2

 SECOND AFFIRMATIVE DEFENSE
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2 (Failure of Specificity)

3 Plaintiff failed to specifically allege specificity with respect to allegations that are
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required to be pled with specificity, including fraud.
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THIRD AFFIRMATIVE DEFENSE
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(Failure to Mitigate Damages)

8 Plaintiff, although under the legal obligation to do so, have failed to exercise reasonable
9 care and diligence to avoid loss and to minimize damages and failed to take reasonable steps to
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mitigate any alleged damages that he may have. Therefore, Plaintiff’s recovery, if any, should be
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reduced or barred because of Plaintiff’s failure to mitigate his damages.
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13 FOURTH AFFIRMATIVE DEFENSE

14 (Statute of Fraud)
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Defendants asserts that the Plaintiff is suing a theory of an oral contract, but such an oral
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contract would be unenforceable because it is required be in writing pursuant to Civil Code
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§1624(a)(1-7).
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19 FIFTH AFFIRMATIVE DEFENSE

20 (Statute of Limitations)
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Some or all of Plaintiff’s claims are barred by the applicable statutes of limitations.
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SIXTH AFFIRMATIVE DEFENSE
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(Waiver, Estoppel, and Unclean Hands)

25 The Unverified Complaint, and each cause of action therein, is barred by the doctrines of
26 waiver, estoppel, and unclean hands.
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ANSWER TO UNVERIFIED COMPLAINT - 3

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3 SEVENTH AFFIRMATIVE DEFENSE

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(Waiver, Release, and Accord and Satisfaction)
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The Unverified Complaint, and each purported cause of action alleged therein, is barred
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by the doctrines of waiver, release, and/or accord and satisfaction.

8 EIGHTH AFFIRMATIVE DEFENSE

9 (Laches)
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Each of the claims in the Unverified Complaint are barred by the doctrine of laches.
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NINTH AFFIRMATIVE DEFENSE
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13 (Estoppel)

14 Each of the claims in the Unverified Complaint are barred by the doctrines of estoppel,
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equitable estoppel, and judicial estoppel.
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TENTH AFFIRMATIVE DEFENSE
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(Privileged and Justified)
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19 The causes of action in Plaintiff’s Complaint against Defendants are barred because,

20 even assuming the allegations set forth in the Complaint occurred, it was privileged and justified
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in that Defendants were exercising their legal rights in a lawful and consistent matter with
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community standards and had a good faith belief that they had a legal right to engage in the
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conduct.

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ANSWER TO UNVERIFIED COMPLAINT - 4

 ELEVENTH AFFIRMATIVE DEFENSE
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2 (Contributory Fault)

3 With respect to each purported cause of action set forth in the Complaint, the injuries
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and damages alleged by Plaintiff, if sustained at all, resulted from the acts or omissions of
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Plaintiff, or any person on whose behalf relief is sought. Defendants allege Plaintiff and/or other
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persons or entities who are not parties to the action failed to exercise reasonable care concerning

8 the matters alleged in the Complaint such that the damages, if any, were solely caused by such
9 conduct.
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TWELFTH AFFIRMATIVE DEFENSE
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(Apportionment)
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13 Without admitting that any damages exist, if damages were suffered by Plaintiff as

14 alleged
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in the Complaint, those damages were proximately caused by and contributed by persons other
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than Defendants. The liability, if any exists, of Defendants and/or any responsible parties named
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or unnamed, should be apportioned according to their relative degrees of fault, and the liability
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19 of Defendants be reduced accordingly.

20 THIRTEENTH AFFIRMATIVE DEFENSE

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(Conduct of Others)
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Each of the injuries or damages alleged by Plaintiff in the Unverified Complaint were
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caused, in whole or in part, by the acts or omissions of others, for whose conduct Defendants

25 were not responsible.

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ANSWER TO UNVERIFIED COMPLAINT - 5

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3 FOURTEENTH AFFIRMATIVE DEFENSE

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(No Willful Conduct)
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Defendants acted in good faith at all times in its dealing with Plaintiff, and if any
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conduct by Defendants is found to be unlawful, which Defendants expressly deny, such conduct

8 was not willful and should not give rise to liability.

9 FIFTEENTH AFFIRMATIVE DEFENSE
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(Reasonableness and Good Faith)
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Defendants and their agents have, at all material times with respect to Plaintiff, acted
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13 reasonably and in good faith in an effort to fully comply with all relevant federal, state and local

14 laws at all times material herein, based on all relevant facts and circumstances known by
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Defendants at the time they so acted. Accordingly, Plaintiff is barred from any recovery in this
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action.
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SIXTEETH AFFIRMATIVE DEFENSE
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19 (Supervening Cause)

20 The causes of action in the Complaint are barred, in whole and in part, to the extent that
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any injury or loss sustained was caused by intervening or supervening events over which
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Defendants have or had no control.
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SEVENTEENTH AFFIRMATIVE DEFENSE

25 (Equitable Indemnity)
26 To the extent that Plaintiff has suffered any damage as a result of any alleged act or
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omission of Defendants, which Defendants expressly deny, Defendants are entitled to equitable
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ANSWER TO UNVERIFIED COMPLAINT - 6

 indemnity according to comparative fault from other persons and/or entities causing or
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2 contributing to such damages, if any.

3 EIGHTEENTH AFFIRMATIVE DEFENSE

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(Excuse)
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Defendants allege that it performed each of its obligations, except those obligations,
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which they were prevented and/or excused from performing by the acts and/or omissions of

8 Plaintiff and/or other individuals or entities.

9 NINETEENTH AFFIRMATIVE DEFENSE
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(Satisfaction)
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Each of the claims in the Unverified Complaint are barred because the alleged account,
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13 debt, or contract has already been fully satisfied.

14 TWENTIETH FIRST AFFIRMATIVE DEFENSE

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(Consent)
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Each of the claims in the Unverified Complaint are barred by the doctrine of consent.
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TWENTY-ONE AFFIRMATIVE DEFENSE
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19 (Avoidable Consequences)

20 Each of the claims in the Complaint are barred by Plaintiff’s failure to exercise
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reasonable care and unreasonable failure to take advantage of preventative or corrective
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opportunities or to otherwise avoid harm.
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TWENTY SECOND AFFIRMATIVE DENFENSE

25 (No Standing)
26 Plaintiff has not suffered any “injury in fact” and therefore, lacks standing to pursue the
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claims asserted in the Complaint.
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ANSWER TO UNVERIFIED COMPLAINT - 7

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TWENTY- THIRD AFFIRMATIVE DEFENSE
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(Frivolous Claim)
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Plaintiff’s claims against Defendants are frivolous, unreasonable and groundless, and,

8 accordingly, Defendants should recover all costs and attorney’s fees incurred herein.
9 TWENTY-FOURTH AFFIRMATIVE DEFENSE
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(No Entitlement to Punitive Damages)
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Plaintiff’s Complaint, and each and every cause of action set forth therein alleged
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13 against Defendants, failed to state facts sufficient to recover punitive or exemplary damages or

14 to show that Defendants were guilty of malice, oppression or fraud as required by California
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Code of Civil Procedure section 3294.
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TWENTY-SIXTH AFFIRMATIVE DEFENSE
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(Justification)
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19 Each of the claims in the Unverified Complaint are barred because the alleged conduct of

20 Defendants was legally justified.

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TWENTY SEVENTH AFFIRMATIVE DEFENSE
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(Ratification)
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Each of the claims in the Complaint are barred because Plaintiff ratified the alleged acts

25 of Defendants.
26 TWENTY EIGTH AFFIRMATIVE DEFENSE
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(No Actual Injury)
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ANSWER TO UNVERIFIED COMPLAINT - 8

 Each of the claims in the Unverified Complaint are barred because Plaintiff suffered no
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2 actual injury and it has no standing to file suit.

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TWENTY NINTH AFFIRMATIVE DEFENSE
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(Lack of Causation)
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Each of the claims in the Unverified Complaint are barred because Defendants were not

8 the proximate or legal cause of Plaintiff’s alleged injuries.

9 THIRTIETH AFFIRMATIVE DEFENSE
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(Business Practices Lawful)
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Plaintiff’s Complaint, in whole or in part, is barred because Defendants’ business
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13 practices were at all times lawful and based on legitimate business reasons. Defendants actions

14 and dealings were carried out in good faith and for legitimate business purposes.
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THIRTY-FIRST AFFIRMATIVE DEFENSE
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(Plaintiff’s Acts)
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Plaintiff’s damages, if any, were caused by Plaintiff’s own intentional or negligent acts,
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19 thus barring or limiting Plaintiff’s right of recovery.

20 THIRTY-SECOND AFFIRMATIVE DEFENSE

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(Several Liability)
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As to each and every cause of action on file herein, Defendants argue that if Plaintiff
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ever sustained any damages as alleged in the Complaint, such damages in part or whole were

25 legally caused by, and contributed to, third parties, not Defendants or Defendants’ agents.
26 THIRTY-THIRD AFFIRMATIVE DEFENSE
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(No Proximate Cause)
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ANSWER TO UNVERIFIED COMPLAINT - 9

 Any acts or omissions by Defendants were not the proximate cause of any injury
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2 suffered by Plaintiff.

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THIRTY-FOURTH AFFIRMATIVE DEFENSE
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(Speculative Damages)
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Plaintiff is seeking to recover damages that are speculative.

8 THIRTY FIFITH AFFIRMATIVE DEFENSE

9 (Sham Pleading)
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Defendants allege that the Complaint is a sham pleading made against Defendants
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without legal authorities and/or factual basis for the purposes of Plaintiff’s financial gain.
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13 THIRTY-SIXTH AFFIRMATIVE DEFENSE

14 (Ambiguity)
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The defendants assert that the plaintiff did not clearly state the amount or issues in this
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case, making it difficult for the defendants to respond. The defendants request that the court
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grant leave to amend this Answer to allow additional defenses once additional information is
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19 discovered that will allow any additional defenses to be known by the defendants.

20 THIRTY- SEVENTH AFFIRMATIVE DEFENSE

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(No Breach by Defendant)
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The defendants assert that he or she performed all duties owed under the contract other
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that any duties which were prevented or excused, and therefore never breached the agreement.

25 THIRTY- EIGHTH AFFIRMATIVE DEFENSE

26 (Lack of privity)
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ANSWER TO UNVERIFIED COMPLAINT - 10

 The Defendants assert that there is no contractual relationship or agreement between the
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2 plaintiff, or the plaintiff’s assigned and the defendant specifically: the defendants never entered

3 into the contract or agreement alleged in the complaint.

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THIRTY- NINTH AFFIRMATIVE DEFENSE
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(Substantial Compliance)
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The defendants assert that they substantially complied with the contract, leaving only a

8 small part of the contract undone, and that as a result awarding the judgment sought by the
9 plaintiff would be unjust and unfair.
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FORTIETH AFFIRMATIVE DEFENSE
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(Failure to State Claim for Attorney’s Fees, Expenses, and Costs)
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13 The Unverified Complaint, and each cause of action, therein fails to state facts or law upon

14 which attorney’s fees, costs, and expenses can be awarded.

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FORTY FIRST AFFIRMATIVE DEFENSE
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(Reservation)
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Defendants are informed and believe, and based thereon allege, that they have
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19 insufficient knowledge or information at this time on which to form a belief as to whether they

20 may have additional affirmative defenses available. Defendants therefore reserve the right to
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assert additional affirmative defenses in the event that discovery indicates that same would be
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appropriate.
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PRAYER FOR RELIEF

25 WHEREFORE, Defendants pray for judgment as follows:

26 1. That Plaintiff take nothing by reason of the Complaint on file herein, and that said
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Complaint be dismissed with prejudice;
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ANSWER TO UNVERIFIED COMPLAINT - 11

 2. For judgment in favor of Defendants and against Plaintiff on the causes of action alleged
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2 in the Complaint against Defendant;

3 3. That Defendants recover from Plaintiffs’ costs according to proof;

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4. That Defendants recover attorneys’ fees according to proof; and
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5. For such other relief as this Court may deem proper.
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DATE: 08/26/2022

10 ________________________
RIKISHA D. THOMAS
11 Attorney for Defendants
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ANSWER TO UNVERIFIED COMPLAINT - 12

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COUNTY OF LOS ANGELES
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PROOF OF SERVICE
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I am over the age of eighteen years and not a party to the within action; my business

8 address is 2132 west Temple St. Los Angeles, CA 90026.

9 On August 26, 2022, I served the following document(s) described as DEFENDANT’S
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ANSWER TO UNVERIFIED COMPLAINT on the interested parties in this action by placing
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true copies thereof
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13 enclosed in sealed envelopes addressed as follows:

14 Walter P. Saavedra, Esq.

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6443 Florence Ave, Suite A
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Bell Gardens, CA 90201
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[x] BY MAIL: I enclosed the documents in a sealed envelope or package addressed
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19 to the persons at the addresses above and placed the envelope for collection and mailing

20 following our ordinary business practices. I am readily familiar with this business’ practice for
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collecting and processing correspondence for mailing. On the same day that correspondence is
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placed for collection and mailing, it is deposited in the ordinary course of business with the
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United States Postal Service, in a sealed envelope with postage fully prepaid.

25 I declare under penalty of perjury under the laws of the United States of America that the
26 foregoing is true and correct. Executed on August 26, 2022 at Los Angeles, California
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ANSWER TO UNVERIFIED COMPLAINT - 13

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ANSWER TO UNVERIFIED COMPLAINT - 14