MITCIIELL SILIERIERG & KNUPP LLP R01ERT M. DUDNIK (621), rmd@msk.com Cl IRISTOPHER A. ELLIOTT (266226), cae@msk.com 1177 West Olympic Boulevard Los Angeles, CA 9006-168 Telephone: (10) 12-2000 Facsimile: (10) 12-100 Attorneys for Defendant Westside German Shepherd Rescue of Los Angeles, Inc. BY CONN )1)R1) toliv siii111:)1( ii$1.1!:1,r( 1 1T) colltrorc,tuilousiip. Oui.t 'V YS IIAR 0 1 201 A. Che L.XCCULt ve Officer/Clerk fs ylia c6t'lljl' arrhat:rs:'1-1-2-e-puty SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES CENTRAL DISTRICT RONALD AND CATHERINE GERSHMAN FOUNDATION, a California private foundation, v. Plaintiff, WESTSIDE GERMAN SHEPHERD RESCUE OF LOS ANGELES, INC., a California corporation; ROBIN JAMPOL, an individual; and DOES 1 through 20, CASE NO. BC 98226 Honorable Mary H. Strobel WESTSIDE GERMAN SHEPHERD RESCUE OF LOS ANGELES, INC.'S ANSWER TO FIRST AMENDED COMPLAINT Defendants. Orig. Complaint Filed: December 1, 2012 Mitchell Krupp LLP
Pursuant to the provisions of without limitation, California Code of Civil Procedure Section 1.0, Defendant and Cross-Complainant Westside German Shepherd Rescue of Los Angeles, Inc. (-the Rescue"), for itself and for no other defendant, responds to the unverified First Amended Complaint of Plaintiff Ronald and Catherine Gershman Foundation ("Plaintiff') filed on or about January 11,201, in the above-entitled action (the "FAC"), as follows: GENERAL DENIAL Pursuant to California Code of Civil Procedure Section 1.0(d), the Rescue denies generally and specifically each and every material allegation contained in or incorporated by the FAC, denies that the Rescue is liable or indebted to the Foundation in any way or amount whatsoever, and further denies that Plaintiff is entitled to any relief whatsoever against the Rescue. AFFIRMATIVE DEFENSES Without waiving or excusing Plaintiff's burden of proof or admitting that any of the following are defenses upon which the Rescue has any burden of proof as opposed to denials of matters as to which Plaintiff has the burden of proof, or that the Rescue has any burden of proof at all, the Rescue hereby incorporates by reference as if set forth in full the allegations set forth in its Cross-Complaint and asserts the following affirmative defenses: FIRST AFFIRMATIVE DEFENSE (Consent) Plaintiff is not entitled to any relief because it consented to the actions and/or omissions of the Rescue. Mitchell 78 2
1 2 5 SECOND AFFIRMATIVE DEFENSE (Estoppel) Plaintiff is estopped from recovering for any damages, injuries, and/or losses from the Rescue as a result of Plaintiff's own conduct and actions, and the Rescue's reasonable reliance thereon. 6 7 8 9 10 11 THIRD AFFIRMATIVE DEFENSE (Failure to Mitigate) The Rescue is informed and believes, and based thereupon alleges, that Plaintiff has failed and neglected to mitigate its alleged damages, injuries, and/or losses, and, therefore, any recovery against the Rescue must be barred or reduced accordingly. 12 1 1 15 16 FOURTH AFFIRMATIVE DEFENSE (Unclean Hands) Plaintiff is not entitled to relief against the Rescue because Plaintiff has come before the court with unclean hands. 17 18 19 20 FIFTH AFFIRMATIVE DEFENSE (Waiver) Plaintiff has waived any claim against the Rescue as a result of Plaintiff's conduct and 21 actions. 22 2 2 25 26 SIXTH AFFIRMATIVE DEFENSE (Discharge) The Rescue has been discharged of any obligations under any agreement between the parties as a result of Plaintiff's breach of its own contractual duties. 27
RESERVATION OF RIGHTS TO ASSERT ADDITIONAL DEFENSES l'he Rescue has not knowingly or intentionally waived any applicable defenses, and reserves the right to assert and rely upon other applicable defenses that may become available or apparent throughout the course of this action. The Rescue explicitly reserves the right to amend or seek to amend their answer and/or affirmative defenses. WHEREFORE, the Rescue prays as follows: 1. That Plaintiff take nothing from the Rescue by its FAC; 2. That judgment be entered on all claims for relief in the FAC in favor of the Rescue and against Plaintiff;. That the FAC be dismissed, with prejudice, against the Rescue;. That the Rescue be awarded its costs and expenses incurred in defending this action, including, but not limited to, its reasonable attorneys' fees to the full extent permitted by law; and 5. For such other and further relief as the Court may deem just and proper. DATED: February ', 201 MITCHELL SILBERBERG & KNUPP LLP ROBERT M. DUDNIK CHRISTOPHER A. ELLIOTT By: Robert M. Dudnik Attorneys for Defendant Westside German Shepherd Rescue of Los Angeles, Inc.
1 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 5 6 7 8 10 11 12 1 1 15 16 17 18 19 20 21 22 2 2 25 26 27 516990,1 I am employed in the County of Los Angeles, State of California, I am over the age of eighteen years and am not a party to this action; my business address is Mitchell, 1177 West Olympic Boulevard, Los Angeles, CA 9006-168. On March 1, 201, I served a copy of the foregoing document(s) described as WESTSIDE GERMAN SHEPHERD RESCUE OF LOS ANGELES, INC.'S ANSWER TO FIRST AMENDED COMPLAINT on the interested parties in this action at their last known address as set forth below by taking the action described below: Patricia L. Glaser Pete Slevin Glaser Weil Fink Jacobs law firm 10250 Constellation Blvd., 19th Fl. Los Angeles, CA 90067 Alan Jampol, Esq. Jampol Zimet 800 Wilshire Blvd., Ste 100 Los Angeles, CA 90017 Counsel for Plaintiff Counsel for Defendant Robin Jampol 0 BY OVERNIGHT MAIL: I placed the above-mentioned document(s) in sealed envelope(s) designated by the carrier, with delivery fees provided for, and addressed as set forth above, and deposited the above-described document(s) with [Name of Messenger Service] in the ordinary course of business, by depositing the document(s) in a facility regularly maintained by the carrier or delivering the document(s) to an authorized driver for the carrier. 0 BY PERSONAL DELIVERY: I placed the above-mentioned document(s) in sealed envelope(s), and caused personal delivery by [Name of Carrier] of the document(s) listed above to the person(s) at the address(es) set forth above. EI BY PLACING FOR COLLECTION AND MAILING: I placed the above-mentioned document(s) in sealed envelope(s) addressed as set forth above, and placed the envelope(s) for collection and mailing following ordinary business practices. I am readily familiar with the firm's practice for collection and processing of correspondence for mailing with the United States Postal Service. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at 1177 West Olympic Boulevard, Los Angeles, California 9006-168 in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on March 1, 201, at Los Angeles, California. 1 PROOF OF SERVICE AL 6.- Air Andrea Petit cltik