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Answer To Complaint
Answer To Complaint
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.
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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
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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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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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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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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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by the doctrines of waiver, release, and/or accord and satisfaction.
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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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
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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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caused, in whole or in part, by the acts or omissions of others, for whose conduct Defendants
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conduct by Defendants is found to be unlawful, which Defendants expressly deny, such conduct
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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which they were prevented and/or excused from performing by the acts and/or omissions of
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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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
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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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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
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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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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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.
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.
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that any duties which were prevented or excused, and therefore never breached the agreement.
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2 plaintiff, or the plaintiff’s assigned and the defendant specifically: the defendants never entered
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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
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
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DATE: 08/26/2022
10 ________________________
RIKISHA D. THOMAS
11 Attorney for Defendants
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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
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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