Case 2:14-cv-00879-KJM-CMK Document 17 Filed 07/23/14 Page 1 of 16 1 2 3 4 5 6 ERICK C. TURNER, State Bar No. 236186 BRIAN S. CRONE, State Bar No. 191731 TURNER LAW GROUP 7311 Greenhaven Drive, Suite 110 Sacramento, CA 95831 (916) 849-4005 Attorney for Defendants PURE FOREST, LLC, JEFF WADSWORTH, and OWEN WADSWORTH 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 JOHN DOE I, JOHN DOE II, JOHN DOE III, JOHN DOE IV, AND JOHN DOE V Plaintiffs, 12 13 14 v. PURE FOREST, LLC, JEFF WADSWORTH, OWEN WADSWORTH ) Case No. 2:14-at-00424 ) ) DEFENDANTS’ ANSWER TO ) COMPLAINT ) ) ) ) ) ) ) 15 Defendants. 16 Defendants Pure Forest, LLC, Jeff Wadsworth, and Owen Wadsworth (“Defendants”) 17 hereby submit their answer to Plaintiffs John Doe I, John Doe II, John Doe III, John Doe IV, and 18 John Doe V (“Plaintiffs”) Complaint as follows: PARTIES 19 20 1. Answering Paragraph 1 of the Complaint, Defendants are without sufficient 21 information or knowledge to form a belief as to the truth of the allegations contained in Paragraph 22 1 and on that basis deny all the allegations of Paragraph 1. 23 2. Answering Paragraph 2 of the Complaint, Defendant Pure Forest admits that it is a 24 limited liability corporation organized under the laws of the State of Idaho and that its principal 25 place of business is in Oakley, Idaho. Except as expressly admitted herein, Defendants deny the 26 remaining allegations of Paragraph 2. 27 28 3. Answering Paragraph 3 of the Complaint, Defendants admit Pure Forest has registered in California as a Foreign Limited Liability Company since at least 2009. 1 ANSWER TO COMPLAINT Case 2:14-cv-00879-KJM-CMK Document 17 Filed 07/23/14 Page 2 of 16 1 4. Defendants deny the allegations of Paragraph 4 of the Complaint. 2 5. Defendants deny the allegations of Paragraph 5 of the Complaint. 3 6. Defendants deny the allegations of Paragraph 6 of the Complaint. JURISDICTION AND VENUE 4 5 6 7 8 7. proper in this Court. 8. Answering Paragraph 8 of the Complaint, Defendants admit that venue is proper in this Court. FACTUAL ALLEGATIONS 9 10 Answering Paragraph 7 of the Complaint, Defendants admit that jurisdiction is 9. Answering Paragraph 9 of the Complaint, Defendants are without sufficient 11 information or knowledge to form a belief as to the truth of the allegations contained in Paragraph 12 9 and on that basis deny all the allegations of Paragraph 9. 13 10. Answering Paragraph 10 of the Complaint, Defendants are without sufficient 14 information or knowledge to form a belief as to the truth of the allegations contained in Paragraph 15 10 and on that basis deny all the allegations of Paragraph 10. 16 11. Answering Paragraph 11 of the Complaint, Defendants are without sufficient 17 information or knowledge to form a belief as to the truth of the allegations contained in Paragraph 18 11 and on that basis deny all the allegations of Paragraph 11. 19 12. Answering Paragraph 12 of the Complaint, Defendants are without sufficient 20 information or knowledge to form a belief as to the truth of the allegations contained in Paragraph 21 12 and on that basis deny all the allegations of Paragraph 12. 22 13. Answering Paragraph 13 of the Complaint, Defendants are without sufficient 23 information or knowledge to form a belief as to the truth of the allegations contained in Paragraph 24 13 and on that basis deny all the allegations of Paragraph 13. 25 14. Answering Paragraph 14 of the Complaint, Defendants are without sufficient 26 information or knowledge to form a belief as to the truth of the allegations contained in Paragraph 27 14 and on that basis deny all the allegations of Paragraph 14. 28 2 ANSWER TO COMPLAINT Case 2:14-cv-00879-KJM-CMK Document 17 Filed 07/23/14 Page 3 of 16 1 15. Answering Paragraph 15 of the Complaint, Defendants are without sufficient 2 information or knowledge to form a belief as to the truth of the allegations contained in Paragraph 3 15 and on that basis deny all the allegations of Paragraph 15. 4 16. Answering Paragraph 16 of the Complaint, Defendants are without sufficient 5 information or knowledge to form a belief as to the truth of the allegations contained in Paragraph 6 16 and on that basis deny all the allegations of Paragraph 16. 7 17. Answering Paragraph 17 of the Complaint, Defendants are without sufficient 8 information or knowledge to form a belief as to the truth of the allegations contained in Paragraph 9 17 and on that basis deny all the allegations of Paragraph 17. 10 18. Answering Paragraph 18 of the Complaint, Defendants are without sufficient 11 information or knowledge to form a belief as to the truth of the allegations contained in Paragraph 12 18 and on that basis deny all the allegations of Paragraph 18. 13 19. Answering Paragraph 19 of the Complaint, Defendants are without sufficient 14 information or knowledge to form a belief as to the truth of the allegations contained in Paragraph 15 19 and on that basis deny all the allegations of Paragraph 19. 16 20. Answering Paragraph 20 of the Complaint, Defendants are without sufficient 17 information or knowledge to form a belief as to the truth of the allegations contained in Paragraph 18 20 and on that basis deny all the allegations of Paragraph 20. 19 21. Answering Paragraph 21 of the Complaint, Defendants are without sufficient 20 information or knowledge to form a belief as to the truth of the allegations contained in Paragraph 21 21 and on that basis deny all the allegations of Paragraph 21. 22 22. Answering Paragraph 22 of the Complaint, Defendants are without sufficient 23 information or knowledge to form a belief as to the truth of the allegations contained in Paragraph 24 22 and on that basis deny all the allegations of Paragraph 22. 25 23. Defendants deny the allegations of Paragraph 23 of the Complaint. 26 24. Defendants deny the allegations of Paragraph 24 of the Complaint. 27 28 3 ANSWER TO COMPLAINT Case 2:14-cv-00879-KJM-CMK Document 17 Filed 07/23/14 Page 4 of 16 1 25. Answering Paragraph 25 of the Complaint, Defendants are without sufficient 2 information or knowledge to form a belief as to the truth of the allegations contained in Paragraph 3 25 and on that basis deny all the allegations of Paragraph 25. 4 26. Answering Paragraph 26 of the Complaint, Defendants are without sufficient 5 information or knowledge to form a belief as to the truth of the allegations contained in Paragraph 6 26 and on that basis deny all the allegations of Paragraph 26. 7 27. Defendants deny the allegations of Paragraph 27 of the Complaint. 8 28. Defendants deny the allegations of Paragraph 28 of the Complaint. 9 29. Defendants deny the allegations of Paragraph 29 of the Complaint. 10 30. Defendants deny the allegations of Paragraph 30 of the Complaint. 11 31. Defendants deny the allegations of Paragraph 31 of the Complaint. 12 32. Defendants deny the allegations of Paragraph 32 of the Complaint. 13 33. Defendants deny the allegations of Paragraph 33 of the Complaint. 14 34. Answering Paragraph 34 of the Complaint, Defendants are without sufficient 15 information or knowledge to form a belief as to the truth of the allegations contained in Paragraph 16 34 and on that basis deny all the allegations of Paragraph 34. 17 35. Answering Paragraph 35 of the Complaint, Defendants are without sufficient 18 information or knowledge to form a belief as to the truth of the allegations contained in Paragraph 19 35 and on that basis deny all the allegations of Paragraph 35. 20 36. Defendants deny the allegations of Paragraph 36 of the Complaint. 21 37. Defendants deny the allegations of Paragraph 37 of the Complaint. 22 38. Defendants deny the allegations of Paragraph 38 of the Complaint. 23 39. Defendants deny the allegations of Paragraph 39 of the Complaint. 24 40. Defendants deny the allegations of Paragraph 40 of the Complaint. 25 41. Defendants deny the allegations of Paragraph 41 of the Complaint. 26 42. Defendants deny the allegations of Paragraph 42 of the Complaint. 27 43. Defendants deny the allegations of Paragraph 43 of the Complaint. 28 44. Defendants deny the allegations of Paragraph 44 of the Complaint. 4 ANSWER TO COMPLAINT Case 2:14-cv-00879-KJM-CMK Document 17 Filed 07/23/14 Page 5 of 16 1 45. Defendants deny the allegations of Paragraph 45 of the Complaint. 2 46. Defendants deny the allegations of Paragraph 46 of the Complaint. 3 47. Defendants deny the allegations of Paragraph 47 of the Complaint. 4 48. Defendants deny the allegations of Paragraph 48 of the Complaint. 5 49. Defendants deny the allegations of Paragraph 49 of the Complaint. 6 FIRST CLAIM FOR RELIEF: FAIR LABOR STANDARDS ACT (“FLSA”) 7 (All Defendants) 8 9 10 11 50. Defendants repeat, re-allege, and incorporate their prior responses to Paragraphs 1 through 49, inclusive. 51. Answering Paragraph 51 of the Complaint, Defendants state that the paragraph states a legal conclusion to which no response is required. 12 52. Defendants deny the allegations of Paragraph 52 of the Complaint. 13 53. Defendants deny the allegations of Paragraph 53 of the Complaint. 14 54. Defendants deny the allegations of Paragraph 54 of the Complaint. 15 55. Defendants deny the allegations of Paragraph 55 of the Complaint. 16 56. Defendants deny the allegations of Paragraph 56 of the Complaint. 17 57. Defendants deny the allegations of Paragraph 57 of the Complaint. 18 SECOND CLAIM FOR RELIEF: MIGRANT AND SEASON AGRICULTURAL 19 WORKER PROTECTION ACT (“AWPA”) (All Defendants) 20 21 22 23 24 25 58. Defendants repeat, re-allege, and incorporate their prior responses to Paragraphs 1 through 57, inclusive. 59. Answering Paragraph 59 of the Complaint, Defendants state that the paragraph states a legal conclusion to which no response is required. 60. Answering Paragraph 60 of the Complaint, Defendants state that the paragraph states a legal conclusion to which no response is required. 26 61. Defendants deny the allegations of Paragraph 61 of the Complaint. 27 62. Defendants deny the allegations of Paragraph 62 of the Complaint. 28 63. Defendants deny the allegations of Paragraph 63 of the Complaint. 5 ANSWER TO COMPLAINT Case 2:14-cv-00879-KJM-CMK Document 17 Filed 07/23/14 Page 6 of 16 1 THIRD CLAIM FOR RELIEF: FAILURE TO PAY MINIMUM WAGE AND OVERTIME 2 (Cal. Lab. Code §§ 1194, 1194.2, 1197, and 1198) (Defendant Pure Forest) 64. 3 4 Defendants repeat, re-allege, and incorporate their prior responses to Paragraphs 1 through 63, inclusive. 65. 5 Defendants deny the allegations of Paragraph 65 of the Complaint. 6 FOURTH CLAIM FOR RELIEF: FAILURE TO PAY MINIMUM WAGE AND 7 OVERTIME (Cal. Lab. Code § 1197.1) (All Defendants) 66. 8 9 Defendants repeat, re-allege, and incorporate their prior responses to Paragraphs 1 through 65, inclusive. 67. 10 Defendants deny the allegations of Paragraph 67 of the Complaint. 11 FIFTH CLAIM FOR RELIEF: FAILURE TO PROVIDE MEAL BREAKS AND REST 12 BREAKS (Cal. Lab. Code § 226.7) (Defendant Pure Forest) 68. 13 14 Defendants repeat, re-allege, and incorporate their prior responses to Paragraphs 1 through 67, inclusive. 15 69. Defendants deny the allegations of Paragraph 69 of the Complaint. 16 70. Defendants deny the allegations of Paragraph 70 of the Complaint. 17 SIXTH CLAIM FOR RELIEF: FRAUDULENT MISREPRESENTATION 18 (Cal. Civ. Code §§ 970, 1709, 1710) (All Defendants) 71. 19 20 Defendants repeat, re-allege, and incorporate their prior responses to Paragraphs 1 through 70, inclusive. 21 72. Defendants deny the allegations of Paragraph 72 of the Complaint. 22 73. Defendants deny the allegations of Paragraph 73 of the Complaint. 23 74. Defendants deny the allegations of Paragraph 74 of the Complaint. 24 76. Defendants deny the allegations of Paragraph 75 of the Complaint. 25 76. Defendants deny the allegations of Paragraph 76 of the Complaint. 26 77. Defendants deny the allegations of Paragraph 77 of the Complaint. 27 /// 28 /// 6 ANSWER TO COMPLAINT Case 2:14-cv-00879-KJM-CMK Document 17 Filed 07/23/14 Page 7 of 16 1 SEVENTH CLAIM FOR RELIEF: NEGLIGENT MISREPRESENTATION 2 (Cal. Civ. Code §§ 1709, 1710) (All Defendants) 3 4 78. Defendants repeat, re-allege, and incorporate their prior responses to Paragraphs 1 through 77, inclusive. 5 79. Defendants deny the allegations of Paragraph 79 of the Complaint. 6 80. Defendants deny the allegations of Paragraph 80 of the Complaint. 7 81. Defendants deny the allegations of Paragraph 81 of the Complaint. 8 82. Defendants deny the allegations of Paragraph 82 of the Complaint. 9 83. Defendants deny the allegations of Paragraph 83 of the Complaint. EIGHTH CLAIM FOR RELIEF: NEGLIGENCE (All Defendants) 10 11 12 84. Defendants repeat, re-allege, and incorporate their prior responses to Paragraphs 1 through 83, inclusive. 13 85. Defendants deny the allegations of Paragraph 85 of the Complaint. 14 86. Defendants deny the allegations of Paragraph 86 of the Complaint. 15 87. Defendants deny the allegations of Paragraph 87 of the Complaint. 16 88. Defendants deny the allegations of Paragraph 88 of the Complaint. 17 89. Defendants deny the allegations of Paragraph 89 of the Complaint. 18 NINTH CLAIM FOR RELIEF: BREACH OF CONTRACT (All Defendants) 19 90. 20 Defendants repeat, re-allege, and incorporate their prior responses to Paragraphs 1 through 89, inclusive. 21 91. Defendants deny the allegations of Paragraph 91 of the Complaint. 22 92. Defendants deny the allegations of Paragraph 92 of the Complaint. 23 93. Defendants deny the allegations of Paragraph 93 of the Complaint. 24 94. Defendants deny the allegations of Paragraph 94 of the Complaint. 25 95. Defendants deny the allegations of Paragraph 95 of the Complaint. 26 TENTH CLAIM FOR RELIEF: PROMISSORY ESTOPPEL (All Defendants) 27 96. 28 Defendants repeat, re-allege, and incorporate their prior responses to Paragraphs 1 through 95, inclusive. 7 ANSWER TO COMPLAINT Case 2:14-cv-00879-KJM-CMK Document 17 Filed 07/23/14 Page 8 of 16 1 97. Defendants deny the allegations of Paragraph 97 of the Complaint. 2 98. Defendants deny the allegations of Paragraph 98 of the Complaint. 3 ELEVENTH CLAIM FOR RELIEF: UNJUST ENRICHMENT & QUANTUM MERUIT 4 (All Defendants) 5 6 99. Defendants repeat, re-allege, and incorporate their prior responses to Paragraphs 1 through 98, inclusive. 7 100. Defendants deny the allegations of Paragraph 100 of the Complaint. 8 101. Defendants deny the allegations of Paragraph 101 of the Complaint. 9 102. Defendants deny the allegations of Paragraph 102 of the Complaint. 10 TWELFTH CLAIM FOR RELIEF: INTENTIONAL INFLICTION OF EMOTIONAL 11 DISTRESS (All Defendants) 12 13 103. Defendants repeat, re-allege, and incorporate their prior responses to Paragraphs 1 through 102, inclusive. 14 104. Defendants deny the allegations of Paragraph 104 of the Complaint. 15 105. Defendants deny the allegations of Paragraph 105 of the Complaint. 16 106. Defendants deny the allegations of Paragraph 106 of the Complaint. 17 107. Defendants deny the allegations of Paragraph 107 of the Complaint. 18 108. Defendants deny the allegations of Paragraph 108 of the Complaint. 19 THIRTEENTH CLAIM FOR RELIEF: NEGLIGENT INFLICTION OF EMOTIONAL 20 DISTRESS (All Defendants) 21 22 109. Defendants repeat, re-allege, and incorporate their prior responses to Paragraphs 1 through 108, inclusive. 23 110. Defendants deny the allegations of Paragraph 110 of the Complaint. 24 111. Defendants deny the allegations of Paragraph 111 of the Complaint. 25 112. Defendants deny the allegations of Paragraph 112 of the Complaint. 26 113. Defendants deny the allegations of Paragraph 113 of the Complaint. 27 114. Defendants deny the allegations of Paragraph 114 of the Complaint. 28 115. Defendants deny the allegations of Paragraph 115 of the Complaint. 8 ANSWER TO COMPLAINT Case 2:14-cv-00879-KJM-CMK Document 17 Filed 07/23/14 Page 9 of 16 1 116. Defendants deny the allegations of Paragraph 116 of the Complaint. 2 117. Defendants deny the allegations of Paragraph 117 of the Complaint. 3 FOURTEENTH CLAIM FOR RELIEF: TRAFFICKING VICTIMS PROTECTION ACT 4 (“TVPA”) (Forced Labor, 18 U.S.C. § 1589) (All Defendants) 5 6 7 8 118. Defendants repeat, re-allege, and incorporate their prior responses to Paragraphs 1 through 117, inclusive. 119. Answering Paragraph 119 of the Complaint, Defendants state that the paragraph states a legal conclusion to which no response is required. 9 120. Defendants deny the allegations of Paragraph 120 of the Complaint. 10 121. Defendants deny the allegations of Paragraph 121 of the Complaint. 11 122. Defendants deny the allegations of Paragraph 122 of the Complaint. 12 123. Defendants deny the allegations of Paragraph 123 of the Complaint. 13 124. Defendants deny the allegations of Paragraph 124 of the Complaint. 14 FIFTHTEENTH CLAIM FOR RELIEF: TVPA (Human Trafficking, 18 U.S.C. § 1590) 15 (All Defendants) 16 17 18 19 125. Defendants repeat, re-allege, and incorporate their prior responses to Paragraphs 1 through 124, inclusive. 126. Answering Paragraph 126 of the Complaint, Defendants state that the paragraph states a legal conclusion to which no response is required. 20 127. Defendants deny the allegations of Paragraph 127 of the Complaint. 21 128. Defendants deny the allegations of Paragraph 128 of the Complaint. 22 129. Defendants deny the allegations of Paragraph 129 of the Complaint. 23 SIXTEENTH CLAIM FOR RELIEF: CALIFORNIA TRAFFICKING VICTIMS 24 PROTECTION ACT (“CTVPA”) (Cal. Civ. Code § 52.5) (All Defendants) 25 26 27 28 130. Defendants repeat, re-allege, and incorporate their prior responses to Paragraphs 1 through 129, inclusive. 131. Answering Paragraph 131 of the Complaint, Defendants state that the paragraph states a legal conclusion to which no response is required. 9 ANSWER TO COMPLAINT Case 2:14-cv-00879-KJM-CMK Document 17 Filed 07/23/14 Page 10 of 16 1 132. Defendants deny the allegations of Paragraph 132 of the Complaint. 2 133. Defendants deny the allegations of Paragraph 133 of the Complaint. 3 134. Defendants deny the allegations of Paragraph 134 of the Complaint. 4 135. Defendants deny the allegations of Paragraph 135 of the Complaint. 5 136. Defendants deny the allegations of Paragraph 136 of the Complaint. 6 SEVENTEENTH CLAIM FOR RELIEF: ALIEN TORT CLAIMS ACT, 28 U.S.C. § 1350 7 Involuntary Servitude & Forced Labor (All Defendants) 8 9 137. Defendants repeat, re-allege, and incorporate their prior responses to Paragraphs 1 through 136, inclusive. 10 138. Defendants deny the allegations of Paragraph 138 of the Complaint. 11 139. Defendants deny the allegations of Paragraph 139 of the Complaint. 12 140. Defendants deny the allegations of Paragraph 140 of the Complaint. 13 141. Defendants deny the allegations of Paragraph 141 of the Complaint. 14 142. Defendants deny the allegations of Paragraph 142 of the Complaint. 15 143. Defendants deny the allegations of Paragraph 143 of the Complaint. 16 144. Defendants deny the allegations of Paragraph 144 of the Complaint. 17 EIGTHTEENTH CLAIM FOR RELIEF: ALIEN TORT CLAIMS ACT, 28 U.S.C. § 1350 18 Human Trafficking (All Defendants) 19 20 145. Defendants repeat, re-allege, and incorporate their prior responses to Paragraphs 1 through 144, inclusive. 21 146. Defendants deny the allegations of Paragraph 146 of the Complaint. 22 147. Defendants deny the allegations of Paragraph 147 of the Complaint. 23 148. Defendants deny the allegations of Paragraph 148 of the Complaint. 24 149. Defendants deny the allegations of Paragraph 149 of the Complaint. 25 150. Defendants deny the allegations of Paragraph 150 of the Complaint. 26 151. Defendants deny the allegations of Paragraph 151 of the Complaint. 27 152. Defendants deny the allegations of Paragraph 152 of the Complaint. 28 153. Defendants deny the allegations of Paragraph 153 of the Complaint. 10 ANSWER TO COMPLAINT Case 2:14-cv-00879-KJM-CMK Document 17 Filed 07/23/14 Page 11 of 16 1 NINETEENTH CLAIM FOR RELIEF: FEDERAL RACKETEERING INFLUENCED 2 CORRUPT ORGANIZATIONS ACT (“RICO”) (Defendant Pure Forest as the Enterprise 3 and Defendants Jeff Wadsworth and Owen Wadsworth) 4 5 154. Defendants repeat, re-allege, and incorporate their prior responses to Paragraphs 1 through 153, inclusive. 6 155. Defendants deny the allegations of Paragraph 155 of the Complaint. 7 156. Defendants deny the allegations of Paragraph 156 of the Complaint. 8 157. Defendants deny the allegations of Paragraph 157 of the Complaint. 9 158. Defendants deny the allegations of Paragraph 158 of the Complaint. 10 159. Defendants deny the allegations of Paragraph 159 of the Complaint. 11 160. Defendants deny the allegations of Paragraph 160 of the Complaint. 12 161. Defendants deny the allegations of Paragraph 161 of the Complaint. 13 162. Defendants deny the allegations of Paragraph 162 of the Complaint. 14 163. Defendants deny the allegations of Paragraph 163 of the Complaint. 15 164. Defendants deny the allegations of Paragraph 164 of the Complaint. 16 165. Defendants deny the allegations of Paragraph 165 of the Complaint. 17 166. Defendants deny the allegations of Paragraph 166 of the Complaint. 18 167. Defendants deny the allegations of Paragraph 167 of the Complaint. 19 168. Defendants deny the allegations of Paragraph 168 of the Complaint. 20 169. Defendants deny the allegations of Paragraph 169 of the Complaint. 21 170. Defendants deny the allegations of Paragraph 170 of the Complaint. 22 171. Defendants deny the allegations of Paragraph 171 of the Complaint. 23 PRAYER 24 WHEREFORE, reserving the right to allege any further affirmative defenses that become 25 apparent during discovery and having fully answered the Complaint, Defendants pray that 26 Plaintiffs’ claims be dismissed with prejudice, that Plaintiffs take nothing thereby, that 27 Defendants be awarded judgment in its favor and its attorneys’ fees and costs incurred in defense 28 of this action, and for such other relief in Defendants’ favor as the Court deems just and proper. 11 ANSWER TO COMPLAINT Case 2:14-cv-00879-KJM-CMK Document 17 Filed 07/23/14 Page 12 of 16 1 AFFIRMATIVE DEFENSES 2 FIRST AFFIRMATIVE DEFENSE 3 As a first affirmative defense, Defendants plead that Plaintiffs’ Complaint and each and 4 every claim purportedly set forth therein, fails to state facts sufficient to constitute a claim or 5 claims upon which relief can be granted. SECOND AFFIRMATIVE DEFENSE 6 7 As a second affirmative defense, Defendants plead that Plaintiffs were at-will employees, 8 and each personnel action of which Plaintiffs complain, if it occurred, was taken for a legitimate, 9 nondiscriminatory, non-retaliatory reason not prohibited by law. THIRD AFFIRMATIVE DEFENSE 10 11 As a third affirmative defense, Defendants plead that irrespective of any alleged unlawful 12 motive, which Defendants deny, Defendants’ decisions regarding Plaintiffs’ employment would 13 have been the same. FOURTH AFFIRMATIVE DEFENSE 14 As a fourth affirmative defense, Defendants plead that Plaintiffs’ claims are barred, in 15 16 whole or in part, by the applicable statute of limitations. FIFTH AFFIRMATIVE DEFENSE 17 As a fifth affirmative defense, Defendants plead that Plaintiffs have failed to mitigate their 18 19 damages, if any. SIXTH AFFIRMATIVE DEFENSE 20 21 As a sixth affirmative defense, Defendants plead that Plaintiffs failed to exhaust all the 22 administrative remedies that were prerequisites to filing this action, and therefore this action is 23 barred. 24 SEVENTH AFFIRMATIVE DEFENSE 25 As a seventh affirmative defense, Defendants pleads that the actions of certain of 26 Defendants’ employees, or former employees, if the acts occurred as the Complaint alleges, were 27 beyond the scope of their employment, though Defendants in no way admit those acts occurred. 28 12 ANSWER TO COMPLAINT Case 2:14-cv-00879-KJM-CMK Document 17 Filed 07/23/14 Page 13 of 16 EIGHTH AFFIRMATIVE DEFENSE 1 2 3 As an eighth affirmative defense, Defendants plead that the Complaint, and each purported claim contained therein, is barred by the doctrine of laches. NINTH AFFIRMATIVE DEFENSE 4 5 6 As a ninth affirmative defense, Defendants plead that the Complaint, and each purported claim contained therein, is barred by the doctrine of unclean hands. TENTH AFFIRMATIVE DEFENSE 7 8 As a tenth affirmative defense, Defendants plead that the Complaint, and each purported 9 claim contained therein, is barred and/or damages are limited or precluded by, the doctrine of 10 after-acquired-evidence. ELEVENTH AFFIRMATIVE DEFENSE 11 12 13 As an eleventh affirmative defense, Defendants plead that the Complaint, and each purported claim contained therein, is barred by the doctrines of estoppel and/or waiver. TWELFTH AFFIRMATIVE DEFENSE 14 15 16 As a twelfth affirmative defense, Defendants plead that Plaintiffs are guilty of comparative negligence. THIRTEENTH AFFIRMATIVE DEFENSE 17 18 As a thirteenth affirmative defense, Defendants plead that damages, if any, were brought 19 about by Plaintiffs’ own conduct, not the conduct of Defendants or any of their supervisors, 20 agents or employees. 21 FOURTEENTH AFFIRMATIVE DEFENSE 22 As a fourteenth affirmative defense, Defendants plead that they are not liable for 23 Plaintiffs’ claimed emotional or physical injuries to the extent they arise out of pre-existing 24 physical or mental conditions and/or other, non-employment injuries or life stressors. 25 FIFTEENTH AFFIRMATIVE DEFENSE 26 As a fifteenth affirmative defense, Defendants plead that the Complaint, and each 27 purported claim contained therein, fails to state facts sufficient to support allegations of 28 oppression, fraud, and/or malice. 13 ANSWER TO COMPLAINT Case 2:14-cv-00879-KJM-CMK Document 17 Filed 07/23/14 Page 14 of 16 SIXTEENTH AFFIRMATIVE DEFENSE 1 2 As a sixteenth affirmative defense, Defendants plead that Plaintiffs may not recover 3 punitive damages against Defendants since no officer, director, or corporate managing agent 4 committed, ratified or condoned malicious or oppressive conduct. SEVENTEENTH AFFIRMATIVE DEFENSE 5 As a seventeenth affirmative defense, Defendants plead that the Complaint, and each 6 7 purported claim contained therein, is barred by the doctrine of consent. EIGHTEENTH AFFIRMATIVE DEFENSE 8 9 As an eighteenth affirmative defense, Defendants plead that the Complaint, and each 10 purported claim contained therein, is barred by the fact that the alleged conduct by Defendants 11 were justified under the given circumstances. NINETEENTH AFFIRMATIVE DEFENSE 12 13 As a nineteenth affirmative defense, Defendants plead that California’s laws regarding the 14 conduct alleged in the Complaint, and each purported claim therein, are too vague to permit the 15 imposition of punitive damages and thereby deny due process, impose criminal penalties without 16 requisite constitutional protections, violate the Fourteenth Amendment of the United States 17 Constitution, and place an unreasonable burden on interstate commerce. 18 TWENTIETH AFFIRMATIVE DEFENSE 19 As a twentieth affirmative defense, Defendants plead that the claims for alleged emotional 20 and physical injuries made in the Complaint are barred by the doctrine of Workers’ Compensation 21 exclusivity. 22 TWENTY-FIRST AFFIRMATIVE DEFENSE 23 As a twenty-first affirmative defense, Defendants assert that they did not act willfully or 24 with knowledge or reckless disregard as to whether its conduct violated California wage and hour 25 laws. Rather, Defendants acted in good faith and had reasonable grounds for believing that its 26 actions were in compliance with California wage and hour laws. 27 /// 28 /// 14 ANSWER TO COMPLAINT Case 2:14-cv-00879-KJM-CMK Document 17 Filed 07/23/14 Page 15 of 16 1 WHEREFORE, reserving the right to allege any further affirmative defenses that become 2 apparent during discovery and having fully answered the Complaint, Defendants prays that 3 Plaintiffs’ claims be dismissed with prejudice and that Plaintiffs take nothing thereby; that 4 Defendants be awarded judgment in its favor and its attorneys’ fees and costs incurred in defense 5 of this action; and such other relief in Defendants favor as the Court deems just and proper. 6 DATED: July 23, 2014 TURNER LAW GROUP 7 8 By 9 /s/ Erick C. Turner, Esq. ERICK C. TURNER Attorney for Defendant 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 ANSWER TO COMPLAINT Case 2:14-cv-00879-KJM-CMK Document 17 Filed 07/23/14 Page 16 of 16 1 John Doe I-V v. Pure Forest, LLC U.S.D.C., Eastern District CA, Case No. 2:14-at-00424 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 DECLARATION OF SERVICE I am a citizen of the United States, over the age of 18 years, and not a party to or interested in this action. I am an employee of Turner Law Group, and my business address is 2150 River Plaza Drive, Suite 415, Sacramento, CA 95833. On this day I caused to be served the following document(s): DEFENDANTS JOHN DOE’S I-V ANSWER TO COMPLAINT by placing follows: the original a true copy into sealed envelopes addressed and served as Attorney for Plaintiff Sean P. Gates MORRISON & FOERSTER LLP 707 Wilshire Boulevard Los Angeles, California 90017-3543 (213) 892-5200 BY MAIL: I am familiar with this firm’s practice whereby the mail, after being placed in a designated area, is given fully prepaid postage and is then deposited with the U.S. Postal Service at Sacramento, California, after the close of the day’s business. BY PERSONAL DELIVERY: I caused such envelope to be delivered by hand. BY OVERNIGHT COURIER: I caused such envelope to be placed for collection and delivery in accordance with standard overnight delivery procedures for delivery the next business day. BY FACSIMILE: I caused such documents(s) to be transmitted by facsimile transmission from (916) 564-2024 to the person(s) and facsimile transmission without number(s) shown about. The facsimile transmission was reported as complete without error and a transmission report was properly issued by the transmitting facsimile machine. A true and correct copy of the transmission report will be attached to this proof of service after facsimile service is completed. BY FEDERAL ELECTRONIC FILING: I caused such document(s) to be electronically filed with the Clerk of the Court using the CM/ECF system, which will send notification of such filing and copies of the document(s) to the parties. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on July 23, 2014, at Sacramento, California. 24 Kim M. Piceno Kim M. Piceno 25 26 27 28 16 ANSWER TO COMPLAINT