KEVIN T. DUNBAR (State Bar No.: 131388)
`MATT D. DEROSSI (State Bar No.: 265236)
`DUNBAR & ASSOCIATES
`A PROFESSIONAL LAW CORPORATION
`100 Oceangate
`Suite 640
`Long Beach, CA 90802-4373
`Telephone: (562) 491-7600
`
`1/9/2023
`
`Attorneys for: Defendant, JPMORGAN CHASE BANK, N.A. erroneously sued and served herein as
`J.P. MORGAN CHASE BANK
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`
`FOR THE COUNTY OF BUTTE
`
`Case No.: 22CV02120
`
`ANSWER TO COMPLAINT AND
`DEMAND FOR JURY TRIAL
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`STEPHANIE LEWIS,
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`Plaintiff,
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`vs.
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`J.P. MORGAN CHASE BANK; CITY OF
`CHICO; STATE OF CALIFORNIA; and DOES I
`through 50, inclusive,
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`Defendants.
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`COMES NOR'Defendant, JPMORGAN CHASE BANK, N.A. erroneously sued and served
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`herein as .P. MORGAN CHASE BANK, and files this Answer to the Plaintiff's Complaint on file herein,
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`and for itself alone, and for no other Defendant, admits, denies and alleges as follows:
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`1.
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`Under the provisions of Section 431.30 of the Califorrua Code of Civil Procedure, this
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`answering Defendant denies both generally and specifically each, every and all ofthe allegations contained
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`in said Complaint, and the whole thereof, and denies that Plaintiffhas sustained damages in the sum or sums
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`alleged, or in any other sums or sums, or at all.
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`2.
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`Further answering Plaintiff's Complaint on file herein and the whole thereof, this answering
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`Defendant denies that Plaintiff has sustained any injury, damage or loss, if any, by reason of any act or
`I
`ANSWER TO COMPLAINT
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`MATT D. DEROSSI (State Bar No.: 265236)
`DUNBAR & ASSOCIATES
`A PROFESSIONAL LAW CORPORATION
`100 Oceangate
`Suite 640
`Long Beach, CA 90802-4373
`Telephone: (562) 491-7600
`
`1/9/2023
`
`Attorneys for: Defendant, JPMORGAN CHASE BANK, N.A. erroneously sued and served herein as
`J.P. MORGAN CHASE BANK
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`
`FOR THE COUNTY OF BUTTE
`
`Case No.: 22CV02120
`
`ANSWER TO COMPLAINT AND
`DEMAND FOR JURY TRIAL
`
`))
`
`))
`
`))
`
`)
`)
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`))
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`))
`
`STEPHANIE LEWIS,
`
`Plaintiff,
`
`vs.
`
`J.P. MORGAN CHASE BANK; CITY OF
`CHICO; STATE OF CALIFORNIA; and DOES I
`through 50, inclusive,
`
`Defendants.
`
`COMES NOR'Defendant, JPMORGAN CHASE BANK, N.A. erroneously sued and served
`
`herein as .P. MORGAN CHASE BANK, and files this Answer to the Plaintiff's Complaint on file herein,
`
`and for itself alone, and for no other Defendant, admits, denies and alleges as follows:
`
`1.
`
`Under the provisions of Section 431.30 of the Califorrua Code of Civil Procedure, this
`
`answering Defendant denies both generally and specifically each, every and all ofthe allegations contained
`
`in said Complaint, and the whole thereof, and denies that Plaintiffhas sustained damages in the sum or sums
`
`alleged, or in any other sums or sums, or at all.
`
`2.
`
`Further answering Plaintiff's Complaint on file herein and the whole thereof, this answering
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`Defendant denies that Plaintiff has sustained any injury, damage or loss, if any, by reason of any act or
`I
`ANSWER TO COMPLAINT
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`omission on the part of this answering Defendant, or any agents, servants or employees of this answering
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`Defendant.
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`AS AND FOR A FIRST, SEPARATE, DISTINCT
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`AND AFFIRMATIVE DEFENSE, THIS ANSWERING
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`DEFENDANT ALLEGES:
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`3.
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`This answering Defendant specifically denies that any negligence onits part contributed to
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`or was a proximate cause of any injuries sustained by Plaintiff. But, in the event it is found that this
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`answering Defendant is negligent in any manneror to any degree, this answering Defendant alleges upon
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`information and belief that certain Co-Defendants may be negligent to a certain degree for the injuries or
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`damages sustained by Plaintiff, and further alleges upon information and belief that there may be persons
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`or parties not namedto this action, including Plaintiff, wholikewise may have contributed to a certain degree
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`to the injuries alleged to have been sustained by Plaintiff; whereby this answering Defendant contendsthat
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`in the event there is found to be fault on the part ofthis answering Defendant, which in any manneror degree
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`contributed to the injuries of the Plaintiff that a finding should be made apportioning and fixing the
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`comparative fault of any or all parties or persons whether namedto this action or otherwise.
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`AS AND FOR A SECOND, SEPARATE, DISTINCT
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`AND AFFIRMATIVE DEFENSE, THIS ANSWERING
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`DEFENDANT ALLEGES:
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`4,
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`That Plaintiff herein is barred from any recovery herein on the basis that Plaintiff's own
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`negligence was the sole and proximate cause of the accident and injuries sustained herein; but in the event
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`a finding is made that negligence exists on the part of this answering Defendant which proximately
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`contributed to Plaintiff's injuries and/or damages, Plaintiff’s amount of recovery, if any, shall be reduced
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`on the basis of Plaintiff's own comparative negligence which contributed to the accident herein and the
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` ANSWER TO COMPLAINT
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`
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`injuries and/or damages and claims upon which recovery is sought by Plaintiff against this answering
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`Defendant.
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`AS AND FOR A THIRD, SEPARATE, DISTINCT
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`AND AFFIRMATIVE DEFENSE, THIS ANSWERING
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`DEFENDANT ALLEGES:
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`5.
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`That Plaintiffs Complaint on file herein, and the whole thereof, including each and every
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`purported cause of action contained therein, is barred by the running of the Statute of Limitations as
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`embodied in former Code ofCivil Procedure, Section 340(3) and Code ofCivil Procedure, Section 335.1,
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`AS AND FOR A FOURTH, SEPARATE, DISTINCT
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`AND AFFIRMATIVE DEFENSE, THIS ANSWERING
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`DEFENDANT ALLEGES:
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`6.
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`That Plaintiff's Complaint on file herein, and the whole thereof, including each and every
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`purported cause of action contained therein, is barred due to the fact that this answering Defendant had no
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`actual notice of the alleged condition that purportedly caused injury to the Plaintiff.
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`AS AND FOR A FIFTH, SEPARATE, DISTINCT
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`AND AFFIRMATIVE DEFENSE, THIS ANSWERING
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`DEFENDANT ALLEGES:
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`7.
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`That Plaintiff's Complaint on file herein, and the whole thereof, including each and every
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`purported cause of action contained therein, is barred due to the fact that this answering Defendant had no
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`constructive notice of the alleged condition that purportedly caused injury to the Plaintiff.
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` ANSWER TO COMPLAINT
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`WWocYQBAtAB&
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`AS AND FOR A SIXTH, SEPARATE, DISTINCT
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`AND AFFIRMATIVE DEFENSE, THIS ANSWERING
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`DEFENDANT ALLEGES:
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`8.
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`That Plaintiff's Complaint on file herein, and the whole thereof, including each and every
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`purported cause of action contained therein, is barred due to the fact that Defendanthad in place the requisite
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`signs and/or sufficient visual cues in the area to warn persons of a potentially dangerous condition of
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`property.
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`AS AND FOR A SEVENTH, SEPARATE, DISTINCT
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`AND AFFIRMATIVE DEFENSE, THIS ANSWERING
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`DEFENDANT ALLEGES:
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`9,
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`That Plaintiff's Complaint on file herein, and the whole thereof, including each and every
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`purported cause of action contained therein, is barred due to the fact that Plaintiff had notice of the alleged
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`condition due to the fact that the condition of the surface of the sidewalk adjacent to the Defendant’s
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`premisesthat Plaintiff alleges caused and/orcontributed to the accident was open and obviousto all persons,
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`including the Plaintiff.
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`AS AND FOR AN EIGHTH, SEPARATE, DISTINCT
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`AND AFFIRMATIVE DEFENSE, THIS ANSWERING
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`DEFENDANT ALLEGES:
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`10.
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`That Plaintiff’s Complaint on file herein, and the whole thereof, including each and every
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`purported cause of action contained therein, is barred due to the Plaintiff's failure to use due care in
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`approaching an open and obviously dangerous condition as required by Civil Code, Section 1714.
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`ANSWER TO COMPLAINT
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`Oo7SSOOOABeYOUN
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`AS AND FOR A NINTH, SEPARATE, DISTINCT
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`AND AFFIRMATIVE DEFENSE, THIS ANSWERING
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`DEFENDANT ALLEGES:
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`11,
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`That Plaintiff's Complaint on file herein, and the whole thereof, including each and every
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`purported cause of action contamedtherein, is barred due to the doctrine of primary assumption oftherisk.
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`AS AND FOR A TENTH, SEPARATE, DISTINCT
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`AND AFFIRMATIVE DEFENSE, THIS ANSWERING
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`DEFENDANT ALLEGES:
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`12.
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`That Plaintiff's Complaint on file herein, and the whole thereof, including each and every
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`purported cause of action contained therein, is barred due to the equitable doctrines of laches and unclean
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`hands.
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`AS AND FOR AN ELEVENTH, SEPARATE, DISTINCT
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`AND AFFIRMATIVE DEFENSE, THIS ANSWERING
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`DEFENDANT ALLEGES:
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`13.
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`That Plaintiff's Complaint on file herein, and the whole thereof, including each and every
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`purported cause of action contained therein, is barred due to the doctrine oftrivial defect.
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`AS AND FOR A TWELFTH, SEPARATE, DISTINCT
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`AND AFFIRMATIVE DEFENSE, THIS ANSWERING
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`DEFENDANT ALLEGES:
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`14.
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`That Plaintiff's Complaint on file herein, and the whole thereof, including each and every
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`purported cause of action contained therein, is barred due to the intervening and/or superseding conduct of
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`third persons and/or governmental agencies allegedly causing and/or contributing to the Plaintiff's
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`purported accident and purported damages.
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`ANSWER TO COMPLAINT
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`
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`—_—ocSSsSBHASeBHhb
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`AS AND FOR A THIRTEENTH, SEPARATE, DISTINCT
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`AND AFFIRMATIVE DEFENSE, THIS ANSWERING
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`DEFENDANT ALLEGES:
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`15.
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`~ That Plaintiffs Complaint on file herein, and the whole thereof, including each and every
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`purported cause of action contained therein, is barred due to the Plaintiff's lack of damages pursuant to the
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`decisions ofHowell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 and Corenbaum v. Lampkin
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`(2013) 215 Cal.App.4th 1308.
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`AS AND FOR A FOURTEENTH, SEPARATE, DISTINCT
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`AND AFFIRMATIVE DEFENSE, THIS ANSWERING
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`DEFENDANT ALLEGES:
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`BANK ANSWER TO COMPLAINT
`
`KEVIN T. DUNBAR
`Attorneys for Defendant, JPMORGAN
`CHASE BANK,N.A.erroneously sued and
`served herein as J.P. MORGAN CHASE
`
`16.
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`‘That the Plaintiff's Complaintonfile herein, and the whole thereof, including each and every
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`purported cause of action contained therein, is barred due to the fact that at the time of Plaintiff's accident
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`Defendant owed no duty of care.
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`WHEREFORE, this answering Defendant prays that Plaintiff take nothing by way of the
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`Complaint on file herein, that this answering Defendant may be dismissed with its costs of suit incurred
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`herein, and for such other relief as the Court may deem just and proper.
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`DATED: January 9, 2023
`
`DUNBAR & ASSOCIATES
`A PROFESSIONAL LAW CORPORATION
`
`Pe 4 CY
`
`
`
`
`
`
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`DEMAND FOR JURY TRIAL
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`PLEASE TAKE NOTICE THAT Defendant hereby Demanda Trial by Jury in this matter.
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`||DATED: January 9, 2023
`
`DUNBAR & ASSOCIATES
`A PROFESSIONAL LAW CORPORATION
`
`
`
`EVIN T. DUNBAR
`JPMORGAN
`Attorneys
`for Defendant,
`CHASE BANK,N.A.erroneously sued and
`served herein as J.P. MORGAN CHASE
`BANK
`
`|
`|
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`ANSWER TO COMPLAINT
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`(Proof Of Service By Electronic Transmission & US Mail - CCP Sections 1013a and 2015.5)
`State Of California, County Of Los Angeles
`
`I, KEVIN T. DUNBAR, am employedin the County of Los Angeles, State of California; I am over
`the age of eighteen years and nota party to the within entitled action; my business address is 100 Oceangate,
`Suite 640, Long Beach, California 90802. On January 9, 2023, I served the within ANSWER TO
`COMPLAINT & DEMAND FOR JURY TRIAL onthe interested parties in said action through the
`following means:
`
`_X ELECTRONIC TRANSMISSION: Either through the electronic service provider designated
`by this County’s Superior Court or by emailing the documentidentified above to the person/persons at
`their designated email address/addresses listed below. This is necessitated during a declared National
`Emergency due to the Coronavirus (Covid-19) pandemic because many offices will be working
`remotely, and not able to send or receive physical mail as usual. No electronic message or other
`indication that the transmission was unsuccessful was received within a reasonable time after the
`transmission.
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`US MAIL: Byplacing a true copy ofthe document identified above enclosed in a sealed envelope
`with postage thereon fully prepaid, in the United States mail at Long Beach, California addressed to the
`person/personsat their designated address/addresses listed below
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`Brad A. Schultz, Esq.
`DEMAS LAW GROLP,P.C.
`701 Howe Avenue
`Suite A-1
`Sacramento, CA 95825
`Email: bas@demaslawgroup.com
`vanessa@demaslawgroup.com
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`Attorneysfor Plaintiff
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`I declare under penalty of perjury under the laws ofthe State of California that the foregoing is true
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`and correct.
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`Executed on January 9, 2023, at Long Beach, California.
`
`oh OK
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`KEVIN T. DUNBAR
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`Oo«f&NYAwmBBweYB
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