Heather Phillips SBN 258638 GOYETTE ASSOCIATES, INC. A Professional Law Corporation 1330 Street, Suite G- Fresno, CA 93721. Ph: (559) 268?7768 Fax: (916) 851?1995 Email: Gary G. Goyette SBN 224715 GOYETTE ASSOCIATES, INC. A Professional Law Corporation 2366 Gold Meadow Way, Suite 200 Gold River, CA 95670 Ph: (916) 851-1900 Fax: (916) 851-1995 Email: govetteg?goyette~assoocom IN THE SUPERIOR COURT STATE OF CALIFORNIA IN AND FOR THE COUNTY OF TULARE mu BY FAX BEN BRUBAKER, CASE 272595 Plaintiff, ANSWER TO VERIFIED COMPLAINT FOR DECLARATORY v. RELIEF CITY OF TULARE, and DOES 1 through 10, inclusive, Defendant. Defendant CITY OF TULARE answers Plaintiff?s Veri?ed Complaint for Declaratory Relief as follows: Pursuant to Code ofCivil Procedure section 431.30, subdivision (D, Defendant generally denies all complaint allegations not so denied or expressly admitted. Defendant reserves the right to amend its answer to assert other defenses, if necessary. 1. In answer to paragraph 1 of Plaintiff?s Complaint, Defendant admits the allegations, with the exception that Defendant lacks sufficient information to either admit or deny Plaintiff?s place of residence and therefore denies said allegation. 7 In answer to paragraph 2 of Plaintiff?s Complaint, Defendant admits the allegations. 1 Answer to Plaintiff?s Complaint 3. In answer to paragraph 3 ofPlaintiff?s Complaint, Defendant lacks sufficient information to either admit or deny Plaintiff?s allegations and therefore deny them. 4. In answer to paragraph 4 of Plaintiff?s Complaint, Defendant alleges that said paragraph contains legal argument and to that extent, requires no response. To the extent that Plaintiffquotes or cites to speci?c legal authority, said authority speaks for itself. Defendant lacks suf?cient information to admit or deny the remainder of the allegations and therefore denies the 331116. 5. In answer to paragraph 5 ofPlaintift"s Complaint, Defendant alleges that said paragraph contains legal argument and to that extent, requires no response. To the extent that Plaintiff quotes or cites to speci?c legal authority, said authority speaks for itself. Defendant lacks suf?cient information to admit or deny the remainder of the allegations and therefore denies the same. In answer to paragraph 6 of Plaintiff's Complaint, Defendant alleges that said paragraph contains legal argument and to that extent, requires no response. To the extent that Plaintiff quotes or cites to specific legal authority, said authority speaks for itself. Defendant lacks suf?cient information to admit or deny the remainder of the allegations and therefore denies the same. ln answer to paragraph 7 of Plaintiff Complaint, Defendant alleges that said paragraph contains legal argument and to that extent, requires no response. To the extent that Plaintiff quotes or cites to speci?c legal authority, said authority speaks for itself. Defendant lacks suf?cient information to admit or deny the remainder of the allegations and therefore denies the same. in answer to paragraph 8 ofPlaintiffs Complaint, Defendant alleges that said paragraph contains legal argument and to that extent, requires no response. To the extent that Plaintiff quotes or cites to specific legal authority, said authority speaks for itself. Defendant lacks suf?cient information to admit or deny the remainder of the allegations and therefore denies the same. 2 Answer to Plaintiff?s Complaint answer to paragraph 9 ofPlaintiff?s Complaint, Defendant alleges that said paragraph contains legal argument and to that extent, requires no response. To the extent that Plaintiff quotes or cites to specific legal authority, said authority speaks for itself. Defendant lacks sufficient information to admit or deny the remainder of the allegations and therefore denies the same. In answer to paragraph 10 of Plaintiffs Complaint, Defendant alleges that said paragraph contains legal argument and to that extent, requires no response. To the extent that Plaintiff quotes or cites to speci?c legal authority, said authority speaks for itself. Defendant lacks sufficient information to admit or deny the remainder of the allegations and therefore denies the same. In answer to paragraph 1 of Plaintiff?s Complaint, Defendant alleges that said paragraph contains legal argument and to that extent, requires no response. To the extent that Plaintiff quotes or cites to specific legal authority, said authority speaks for itself. Defendant lacks sufficient information to admit or deny the remainder of the allegations and therefore denies the same. In answer to paragraph 12 of Plaintiff?s Complaint, Defendant admits the allegations. In answer to paragraph 13 of Plaintiff?s Complaint, Defendant admits to placing three command officers ofthe Tulare Police Department on paid administrative leave within the past five months. Defendant denies the remaining allegations of paragraph: 13. In answer to paragraph 14 of Plaintiff?s Complaint, Defendant admits the allegations of paragraph l4, with the exception that Defendant denies the referenced Public Record Act request was made on Plaintiffs behalf. . In answer to paragraph 15 ol?Plaintifl?s Complaint, Defendant alleges that Exhibit attached to the complaint speaks for itself. Defendant further alleges that said paragraph as phrased contains legal argument and to that extent, requires no response. Defendant further alleges that it lacks sufficient information or belieflo admit or deny the allegations of said paragraph and on that basis denies such allegations. ?3 3 Answer to Plaintiff?s Complaint answer to paragraph 16 of Plaintiff?s Complaint, Defendant alleges that said paragraph contains legal argument and/or conclusions of law and, to that extent, requires no response. Defendant lacks suf?cient information or belief to admit or deny the allegations of said paragraph and on that basis denies such allegations. 17. In answer to paragraph 17 of Plaintiff?s Complaint, Defendant alleges that said paragraph as phrased contains legal argument and to that extent, requires no response. Defendant further alleges that its lacks sufficient information or belief to admit or deny the allegations of said paragraph and on that basis denies such allegations. l8. In answer to paragraph 18 ofPlaintiff?s Complaint, Defendant alleges that said paragraph as I phrased contains legal argument and to that extent, requires no response. Defendant further alleges that its lacks suf?cient information or belief to admit or deny the allegations of said paragraph and on that basis denies such allegations. AFFIRMATIVE DEFENSES . As a First, separate and distinct af?rmative defense, Defendant is informed and 11 believes and thereon alleges that Plaintiff has failed to state a cause of action. 2. As a Second, separate and distinct af?rmative defense, Defendant is informed and I believes and thereon alleges that Plaintiff failed to exhaust all administrative remedies. 3. As a Third, separate and distinct af?rmative defense, Defendant alleges that Plaintiff lacks standing to bring the instant Complaint. 4. As a Fourth, separate and distinct af?rmative defense, Defendant alleges that Plaintiffs Complaint is moot. Defendant prays that Plaintiff take nothing by his Complaint and that judgement be entered on Defendant?s behalf, for costs ofsuit and attorneys? fees herein, and for such other relief as the Court deemsjust and proper. Dated: March 2, 2018 GOYETTE ASSOCIATES, INC. 4 Answer to Plaintiff's Complaint Professional Law Corporation HEATHER PMLIPS Attorney to1 Defendant CITY OF TULARE 5 Answer 10 Plaint iff?s Complaint