3 “ 6 16 7 18 19 20 a 2 2 25 26 a 8 NTA ‘ EXEMPT FROM FILING FEES PURSUANT | to? TO GOVERNMENT CODE § 6103 LOUIS A. LEONE, ESQ. (SBN 099874) FILED ANNE B. MILLER, ESQ. (SBN 178683) ALAMEDA COUNTY LEONE & ALBERTS 2175 N. California Blvd., Suite 900 AUG 23 2019 Walnut Creek, CA 94596 Seon Telephone: (925) 974-8600 by ban es, Facsimile: (925) 974-8601 Attomeys for Defendant and Cross-Complainant LIVERMORE VALLEY JOINT UNIFIED ‘SCHOOL DISTRICT IN THE SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA MARY ANDUHA, Case No.: RG18917312 [ASSIGNED FOR ALL PURPOSES TO Plaintif, HON. RONNI MACLAREN, DEPT. 25] v, a 2 incr; LIVERMORE VALLEY JOINT UNIFIED ‘SCHOOL DISTRICT; and DOES 1 to 100, inclusive, DEFENDANT AND CROSS- COMPLAINANT LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT'S ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT (ERRONEOULSY ENTITLED FIRST AMENDED COMPLAINT) Defendants. LIVERMORE VALLEY JOINT UNIFIED ‘SCHOOL DISTRICT Cross-Complainant, v, BUILDING CONNECTIONS BEHAVIORAL HEALTH; and DOES 1 to 100, inclusive, Defendants. Complaint Filed: August 20, 2018 Trial Date: Not Set 1 DEFENDANT AND CROSS. COMPLAINANT LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICTS ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT x04 Ag pei10 " 2 0 14 18 19 20 a 2 23 24 25 26 n 28 COMES NOW Defendant and Cross-Complainant LIVERMORE VALLEY JOINT] UNIFIED SCHOOL DISTRICT ("DEFENDANT"), and for its answer to the unverifie Second Amended Complaint (erroneously entitled First Amended Complaint} COMPLAINT") of Plaintiff MARY ANDUHA, ("PLAINTIFF") on file herein, admits, denies, and alleges as follows: GENERAL DENIAL Under the provisions of Section 431.30(d) of the California Code of Civil Procedure, this answering DEFENDANT denies each and every, all and singular, generally and specifically, the allegations contained in said COMPLAINT, and further denies that PLAINTIFF has been damaged in any sum or sums, or at all, by reason 4 any act or omission on the part of this answering DEFENDANT. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE (Failure to State Claim) AS A FIRST, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO PLAINTIFF'S COMPLAINT ON FILE HEREIN, this answering DEFENDANT alleges ang avers that PLAINTIFF'S COMPLAINT does not state facts sufficient to constitute a cause| of action against this answering DEFENDANT. SECOND AFFIRMATIVE DEFENSE (Negligent Conduct of Others) ‘AS A SECOND, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE T PLAINTIFF'S COMPLAINT ON FILE HEREIN, this answering DEFENDANT alleges an avers that said damages complained of, if any there were, were proximately contribute to or caused by the carelessness, negligence, fault or defects created by the remainin parties in this action, or by other persons, corporations or business entities, unknown this answering DEFENDANT at this time, and were not caused in any way by thi answering DEFENDANT, or by persons for whom this answering DEFENDANT is legall liable. 2 ‘DEFENDANT AND CROSS-COMPLAINANT LIVERMORE VALLEY JONY UNTIED SCHOOL DISTRICTS [ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT10 ” 2 3 4 8 16 7 8 9 20 a 2 2 2 % 2 28 THIRD AFFIRMATIVE DEFENSE (Comparative Negligence) AS A THIRD, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE T PLAINTIFF'S COMPLAINT ON FILE HEREIN, this answering DEFENDANT alleges that PLAINTIFF was herself careless and negligent in and about the matters alleged in the COMPLAINT, and that said carelessness and negligence on said PLAINTIFF'S own par] proximately contributed to the happenings of the incident and to the injuries, loss an Jdamages complained of, if any there were, and said negligence on the part of Al PLAINTIFF shall diminish PLAINTIFF'S recovery herein in direct proportion to the extent of such negligence under the doctrine of comparative negligence. FOURTH AFFIRMATIVE DEFENSE (Assumption of Risk) AS A FOURTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO PLAINTIFF'S COMPLAINT ON FILE HEREIN, this answering DEFENDANT alleges that prior to and at the time of the occurrence of the alleged incident mentioned i PLAINTIFF'S COMPLAINT, PLAINTIFF had knowledge of those matters in this COMPLAINT; that the PLAINTIFF did with the above-mentioned knowledge voluntari ‘and of her own free will place herself in an unsafe and dangerous position, and by reason thereof, said PLAINTIFF assumed the risk and all risk ordinarily incident thereto; and sai assumption of the risk bars her recovery herein. FIETH AFFIRMATIVE DEFENSE (Failure to Mitigate) AS A FIFTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO| PLAINTIFF'S COMPLAINT ON FILE HEREIN, this answering DEFENDANT alleges that PLAINTIFF failed to mitigate her alleged damages as required by law. a Mm m 3 ‘DEFENDANT AND CROSS-COMPLAINANT LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICTS | ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT16 ” 8 9 20 a 2 23 24 25 6 ar a SIXTH AFFIRMATIVE DEFENSE (Failure to Comply with Claim Statute) AS A SIXTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO| PLAINTIFF'S COMPLAINT ON FILE HEREIN, this answering DEFENDANT alleges that PLAINTIFF failed to comply with the claim provisions of the California Governmental Code with respect to the timely presentation of a Govemmental Claim. Further PLAINTIFF'S claim, if submitted, differs materially from the allegations contained withing the COMPLAINT, and as such, said claims not referenced in the Governmental Claim are| barred, SEVENTH AFFIRMATIVE DEFENSE (Express Waiver) AS A SEVENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO) PLAINTIFF'S COMPLAINT ON FILE HEREIN, this answering DEFENDANT alleges that PLAINTIFF has expressly waived any and all claims through the execution of an express waiver with respect to the allegations and injuries detailed in the COMPLAINT. As such, PLAINTIFF'S causes of aétion and claims are barred by the express waiver. EIGHTH AFFIRMATIVE DEFENSE (Governmental Immunities) AS AN EIGHTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TQ, PLAINTIFF'S COMPLAINT ON FILE HEREIN, this answering DEFENDANT alleges that itis immune from liability pursuant to various immunities set forth in the Government Co sections 810, ef seq. including, but not limited to, Sections 815, 815.2, 815.4, 815.6, 818.2, 818.8, 820.2, 820.4, 820.6, 820.8, 821.4, 821.6, 822, 822.2, 822.8, 831.7, an Education Code §44808. NINTH AFFIRMATIVE DEFENSE (Consent) AS AN NINTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE 1 PLAINTIFF'S COMPLAINT ON FILE HEREIN, this answering DEFENDANT alleges wl 4 ‘DEFENDANT AND CROSS-COMPLAINANT LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICTS J ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT8 4 6 6 wv w 1° 2 a 2 2% % Fy 2% 2 28 PLAINTIFF acknowledged, ratified, consented to and acquiesced in the alleged acts of omissions, if any, of this DEFENDANT, thus barring PLAINTIFF'S recovery. ‘TENTH AFFIRMATIVE DEFENSE (Waiver/Estoppel) AS A TENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TQ PLAINTIFF'S COMPLAINT ON FILE HEREIN, DEFENDANT alleges and avers that PLAINTIFF'S COMPLAINT, and the causes of action set forth therein, are barred by the, doctrines of waiver and estoppel ELEVENTH AFFIRMATIVE DEFENSE (Unclean Hands) AS A ELEVENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE T( PLAINTIFF'S COMPLAINT ON FILE HEREIN, DEFENDANT alleges and avers t PLAINTIFF'S COMPLAINT, and the causes of action set forth therein, are barred in nl or in part by reason of PLAINTIFF'S unclean hands. TWELFTH AFFIRMATIVE DEFENSE (Statute of Limitations) AS A TWELFTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE T THE COMPLAINT, these answering Defendants allege that the COMPLAINT, and each, claim set forth therein, is barred, in whole or in part, by the applicable statutes of limitations, including but not limited to California Civil Code section 336.1 THIRTEENTH AFFIRMATIVE DEFENSE (Defenses Unknown) AS A THIRTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO PLAINTIFF'S COMPLAINT ON FILE HEREIN, DEFENDANT alleges and avers that presently has insufficient knowledge or information on which to form a belief as to whether it may have additional, as yet unstated, defenses available. DEFENDANT reserv herein the right to assert additional defenses in the event discovery indicates that they, /would be appropriate. 5 ‘DEFENDANT AND CROSS COMPLAINANT LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICTS | ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT