cu

oRifeilLA t
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NODYv°11/111/
CARROLL, KELLY, TROTTER, FRANZEN, McICENNA & PEA13
RICHARD D. CARROLL (State Bar No. 116913)
2913 0EC 26 Pm 2:37
MICHAEL T. MERTENS (State Bar No. 239118) -C225 Broadway, Suite 1575
San Diego, CA 92101
Telephone No. (619) 814-5900 / Facsimile No. (619) 814-5999

chc,11,691JPERIORCOU

onni virsocoRitufii "

4
5

Attorneys for Defendants ANTHONY S. BIANCHI, M.D. and BIANCHI OB/GYN ASSOCIATES,
AMC

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7
8

SUPERIOR COURT FOR THE STATE OF CALIFORNIA

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IN THE COUNTY OF SAN DIEGO, NORTH COUNTY BRANCH

10
11 TRACY LYS'l RA
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13

CASE NO. 37-2013-00051204-CU-MMNC
Plaintiff;

AGED
ASSIGNED FOR ALL PURPOSES -IM
JUDGE ROBERT P. DAHLQUIST
DEPARTMENT N-29

VS.

14

ANTHONY S. BIANCHI, M.D.; BLkNCHI
15 OB/GYN ASSOCIATES, AMC, a California
corporation; and DOES 1 through 10,
16
Defendants.
17

Complaint Filed:
Trial Date:

None Set

ANSWER TO FIRST AMENDED
COMPLAINT BY DEFENDANTS
ANTHONY S. BIANCHI, M.D. AND
BIANCHI OB/GYN ASSOCIATES, AMC

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19

IMAGED FILE

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23

COMES NOW defendants ANTHONY S. BIANCHI, M.D. and BIANCHI OB/GYN

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ASSOCIATES, AMC, in answering plaintiffs first amended complaint on file herein, for

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themselves alone, and for no other defendant, admits, denies and alleges as follows:

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1. Under the provisions of Section 431.30 of the California Code of Civil Procedure,

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these answering defendants deny both generally and specifically each and every allegation in

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said first amended complaint, and the whole thereof, including each and every purported cause
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P302 4110-0 ITLD1Answer.wpd

ANSWER TO FIRST AMENDED COMPLAINT

 1

of action contained therein, and denies that plaintiff has been damaged in the sum or sums

2 alleged, or in any other sum or sums, or at all.

2.

3

Further answering plaintiff s first amended complaint on file herein, and the whole

4 thereof, including each and every purported cause of action contained therein, these answering
5

defendants deny that plaintiff sustained any injury, damage or loss, if any, by reason of any act

6 or omission on the part of these answering defendants, or any agent, servant, or employee of
7 these answering defendants.
8

AS AND FOR A FIRST, SEPARATE, DISTINCT AND AFFIRMATIVE

9

DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:
3.

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That any injury, loss or damage purportedly sustained, if at all, by plaintiff, was

directly and proximately caused by the negligence of the plaintiff, and any damages awarded to

12 plaintiff shall be reduced in proportion to the amount of negligence attributable to the plaintiff.
13

AS AND FOR A SECOND, SEPARATE, DISTINCT AND AFFIRMATIVE

14

DEFENSE ,THESE ANSWERING DEFENDANTS ALLEGE:
4.

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That the liability of the persons ultimately determined to be responsible for

16 plaintiffs injuries and losses, if any, including the plaintiff, shall be compared, and the damages,
17 if any, awarded to plaintiff, shall be apportioned accordingly.
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AS AND FOR A THIRD, SEPARATE, DISTINCT AND AFFIRMATIVE

19

DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:
5.

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That all care, treatment and procedures rendered to and performed upon plaintiff

was with the express and implied consent of said plaintiff.

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AS AND FOR A FOURTH, SEPARATE, DISTINCT AND AFFIRMATIVE

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DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:
6.

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That any injury, loss or damage purportedly sustained, if at all, by plaintiff, was

directly and proximately caused and contributed to by risks which were fully and actually known

26 to plaintiff, who fully and actually appreciated the nature and scope of the hazards created
27 thereby, and said plaintiff voluntarily assumed said risks and the potential consequences thereof.
28 ///
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ANSWER TO FIRST AMENDED COMPLAINT

 1

AS AND FOR A FIFTH, SEPARATE, DISTINCT AND AFFIRMATIVE

2

DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

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7.

That plaintiff's first amended complaint, and each purported cause of action

4 contained therein, is barred by the provisions of Section 340.5 of the California Code of Civil
5 Procedure.
6

AS AND FOR A SIXTH, SEPARATE, DISTINCT AND AFFIRMATIVE

7

DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

8

8.

The incident described in plaintiffs first amended complaint, as well as the

9 injuries, losses and damages allegedly sustained by plaintiff, were proximately caused by
10 intervening and superseding causes and forces which were beyond the control ofthese answering
11

defendants and which, in the exercise of reasonable prudence, were not and could not be

12 anticipated or foreseen by said answering defendants.
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AS AND FOR A SEVENTH, SEPARATE, DISTINCT AND AFFIRMATIVE

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DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

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9.

That plaintiffs first amended complaint, and each purported cause of action

16 contained therein, fails to state facts sufficient to constitute a cause of action for Negligence,
17 Intentional Infliction of Emotional Distress, and/or Violation of Civil Code § 51.9 against these
18 answering defendants.
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AS AND FOR AN EIGHTH, SEPARATE, DISTINCT AND AFFIRMATIVE

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DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

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10.

That plaintiff is not entitled to recover general damages in any amount in excess

22 of $250,000, pursuant to Section 3333.2 of the California Civil Code.
23

AS AND FOR A NINTH, SEPARATE, DISTINCT AND AFFIRMATIVE

24

DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

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11.

That these answering defendants may elect to limit and diminish plaintiffs alleged

26 damages pursuant to Section 3333.1 of the California Civil Code.
27 ///
28 ///
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F: \ 302 \ 4110-01TLTAAnswer.wpd

ANSWER TO FIRST AMENDED COMPLAINT

 AS AND FOR A TENTH, SEPARATE, DISTINCT AND AFFIRMATIVE
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DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:
12.

Any recovery by the plaintiff pursuant to the first amended complaint, and each

4 purported cause of action contained therein, is controlled by the provisions of Section 667.7 of
5 the California Code of Civil Procedure.
6

AS AND FOR AN ELEVENTH, SEPARATE, DISTINCT AND AFFIRMATIVE

7

DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

8

13.

That these answering defendants are informed and believes, and based upon such

9 information and belief, alleges that at the time and place of the accident alleged in plaintiffs first
10 amended complaint, plaintiff was in the scope of her employment; that at said time and place,
11

said employer had in force and effect a policy of Worker's Compensation Insurance; that plaintiff

12 has received benefits under the terms of said policy; that any injuries sustained by plaintiff were
13 proximately caused by the negligence of said employer; that any recovery in this case should be
14 reduced by the total amount of all payments made pursuant to plaintiffs claim for Worker's
15 Compensation; and that the doctrine as set forth in the case of Witt v. Jackson, (1961) 57 C.2d
16 57, applies herein.
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AS AND FOR A TWELFTH, SEPARATE, DISTINCT AND AFFIRMATIVE

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DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

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14.

That plaintiffs action is barred in that plaintiffs exclusive remedy against these

20 answering defendants is in Worker's Compensation pursuant to the California Labor Code (Lab.
21

Code § 3601).

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AS AND FOR A THIRTEENTH, SEPARATE, DISTINCT AND AFFIRMATIVE

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DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

24

15.

That if plaintiff, in fact, sustained or will sustain any injuries or damages as a result

25 of any act or omission on the part of these answering defendants (which supposition is not
26 admitted by these answering defendants but is merely stated for the purpose of this affirmative
27 defense), then plaintiff at the time and place alleged in said first amended complaint was herself
28 guilty of negligence in failing to exercise that degree of care for her own safety and protection
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F:130214110-01WLD1Answer.wpd

ANSWER TO FIRST AMENDED COMPLAINT

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that ordinarily prudent persons would exercise under the circumstances, and said negligence

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contributed as a legal cause in some degree to the injuries and damages being claimed by

3

plaintiff herein, thereby barring and/or reducing plaintiffs recovery.

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AS AND FOR A FOURTEENTH, SEPARATE, DISTINCT AND AFFIRMATIVE

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DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

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16.

That it contends that there is no basis for liability of said defendant to plaintiff.

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However, without withdrawing that position, it alleges in the alternative that should these

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answering defendants be found liable to plaintiff on the first amended complaint herein, these

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answering defendants should, in whole or in part, be indemnified by the other defendants, by

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those responsible persons, and/or entities who would be liable to plaintiff if joined herein,

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according to the degree of involvement or responsibility for causing loss to plaintiff; and by

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plaintiff to the degree and extent of plaintiffs own contributory negligence or to the extent

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plaintiff is found to assume the position of any other responsible person and/or entity with whom

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plaintiff has settled her claims separately or in any other manner have attempted to exonerate.

15

AS AND FOR A FIFTEENTH, SEPARATE, DISTINCT AND AFFIRMATIVE

16

DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

17

17.

That plaintiff's first amended complaint, and each purported cause of action

18

contained therein, is barred for failure to comply with the requirements of Section 364 of the

19

California Code of Civil Procedure.

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AS AND FOR A SIXTEENTH, SEPARATE, DISTINCT AND AFFIRMATIVE

21

DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

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23

18.

Plaintiffs prayer of punitive damages is inappropriate under Code of Civil

Procedure section 425.13.

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AS AND FOR A SEVENTEENTH, SEPARATE, DISTINCT AND AFFIRMATIVE

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DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

26

19.

That at all times herein mentioned, plaintiff knew, or should have known, that

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plaintiff was submitting hers elf to medical techniques, treatment and medication which, because

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of the condition of plaintiff, rendered him susceptible to potential complications, injury, or
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ANSWER TO FIRST AMENDED COMPLAINT

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damage and that by submitting herself to such medical techniques, treatment and medication,

2 plaintiff freely, voluntarily and expressly assumed all risks attendant thereto, thereby barring
3

and/or reducing plaintiffs recovery herein.

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AS AND FOR AN EIGHTEENTH, SEPARATE, DISTINCT AND AFFIRMATIVE

5

DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:
20.

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That plaintiff's first amended complaint, and each purported cause of action

7

contained therein, was the result and/or cause of a natural cause or condition, or was the natural

8

or expected result of reasonable treatment rendered for the disease or condition and thus these

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causes of action are barred pursuant to the provisions of Section 1714.8 of the California Civil

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Code.

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AS AND FOR A NINETEENTH, SEPARATE, DISTINCT AND AFFIRMATIVE

12

DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:
21.

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That it is entitled to an offset and/or reduction and plaintiff is barred from

recovering any and all amounts paid for plaintiffs alleged injuries by way of settlement or

15 judgment of any claim, incident or lawsuit which may have contributed to the injuries referred
16

to in the first amended complaint, in the event these answering defendants should be found liable

17

to plaintiff, although this supposition is denied and only stated for the purposes of this

18

affirmative defense.

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AS AND FOR A TWENTIETH, SEPARATE, DISTINCT AND AFFIRMATIVE

20

DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:
22.

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That plaintiff has failed to join all necessary parties pursuant to Code of Civil

22 Procedure section 389.
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AS AND FOR A TWENTY-FIRST, SEPARATE, DISTINCT AND

24

AFFIRMATIVE DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

25

23.

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430.10.

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///

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///

That plaintiff lacks the capacity to sue pursuant to Code of Civil Procedure section

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F:130214110-01 \FL]) Answer.wpd

ANSWER TO FIRST AMENDED COMPLAINT

 1

AS AND FOR A TWENTY-SECOND, SEPARATE, DISTINCT AND

2

AFFIRMATIVE DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

3

24.

That plaintiff's first amended complaint, and each purported cause of action

4 contained therein, fails to state facts sufficient to constitute a cause of action in that plaintiffs
5 claim is barred by Section 2395 of the California Business and Professions Code.
6

AS AND FOR A TWENTY-THIRD, SEPARATE, DISTINCT AND

7

AFFIRMATIVE DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

8

25.

That plaintiffs first amended complaint, and each purported cause of action

9 contained therein, fails to state facts sufficient to constitute a cause of action in that plaintiffs
10 claim is barred by Section 2396 of the California Business and Professions Code.
11

AS AND FOR A TWENTY-FOURTH, SEPARATE, DISTINCT AND

12

AFFIRMATIVE DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

13

26.

That plaintiffs first amended complaint, and each purported cause of action

14 contained therein, fails to state facts sufficient to constitute a cause of action in that plaintiffs
15

claim is barred by Section 2397 of the California Business and Professions Code.

16

AS AND FOR A TWENTY-FIFTH, SEPARATE, DISTINCT AND

17

AFFIRMATIVE DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

18

27.

That plaintiffs damages are barred or limited by Proposition 51, as set forth in

19 Section 1430 et. seq. of the California Civil Code.
20

AS AND FOR A TWENTY-SIXTH, SEPARATE, DISTINCT AND

21

AFFIRMATIVE DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

22

28.

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That plaintiffs first amended complaint, and each purported cause of action

contained therein, fails to state facts sufficient to constitute a cause of action in that plaintiffs

24 claim is barred by the doctrine of estoppel.
25

AS AND FOR A TWENTY-SEVENTH, SEPARATE, DISTINCT AND

26

AFFIRMATIVE DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

27

29.

That plaintiffs first amended complaint, and each purported cause of action

28 contained therein, fails to state facts sufficient to constitute a cause of action in that plaintiffs
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F:1302 \4110-01WLD1AnsweLwpd

ANSWER TO FIRST AMENDED COMPLAINT

 1

claim is barred by the doctrine of waiver.
AS AND FOR A TWENTY-EIGHTH, SEPARATE, DISTINCT AND

2
3

AFFIRMATIVE DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

4

30.

That plaintiff's first amended complaint, and each purported cause of action

5

contained therein, fails to state facts sufficient to constitute a cause of action in that plaintiff's

6

claim is barred by the doctrine of laches.

7

AS AND FOR A TWENTY-NINTH, SEPARATE, DISTINCT AND

8

AFFIRMATIVE DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

9

31.

That plaintiff's first amended complaint, and each purported cause of action

10

contained therein, fails to state facts sufficient to constitute a cause of action in that plaintiffs

11

claim is barred by the doctrine of unclean hands.
AS AND FOR A THIRTIETH, SEPARATE, DISTINCT AND

12
13

AFFIRMATIVE DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

14

32.

That plaintiffs first amended complaint, and each purported cause of action

15

contained therein, fails to state facts sufficient to constitute a cause of action in that plaintiff's

16

claim is barred by Section 856.4 of the California Government Code.
AS AND FOR A THIRTY-FIRST, SEPARATE, DISTINCT AND

17
18

AFFIRMATIVE DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

19

33.

That the instant dispute arises from a matter covered by a binding arbitration

20

agreement between the parties, and that these answering defendants desire that this matter be

21

therefore submitted to binding arbitration in accordance with the terms of the Arbitration

22 Agreement. (Please see Physician-Patient Arbitration Agreement, attached as Exhibit "A")

AS AND FOR A THIRTY-SECOND, SEPARATE, DISTINCT AND

23
24

AFFIRMATIVE DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

25

34.

Defendant claims that a reasonable person in plaintiffs position would have

26

consented to the treatment provided; and even if a reasonable person in plaintiffs position would

27

not have consented to such treatment plaintiff still would have consented to the treatment at

28

issue.
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FA302 \ 4110-01 \ PLD Answenwpd

ANSWER TO FIRST AMENDED COMPLAINT

 1

AS AND FOR A THIRTY-THIRD, SEPARATE, DISTINCT AND

2

AFFIRMATIVE DEFENSE, THESE ANSWERING DEFENDANTS ALLEGE:

3

35.

Recovery by plaintiff is barred in whole or in part by her failure to exercise

4 reasonable care and diligence to mitigate any damages to her.
5
6

WHEREFORE, these answering defendants pray that plaintiff take nothing by way of her
first amended complaint on file herein, that these answering defendants may be dismissed with

7 their costs of suit incurred herein, and for such other and further relief as the court may deem just
8

and proper.

9 DATED: December 24, 2013

CARROLL, KELLY, TROTTER, FRANZEN,
McKENNA & PEABODY

10
11

_)

By:

RICHARD D. CARROLL
MICHAEL T. MERTENS
Attorneys for Defendants
ANTHONY S. BIANCHI, M.D. and
BIANCHI OB/GYN ASSOCIATES, AMC

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F:1302\4110-01 \PLD \Answervepd

ANSWER TO FIRST AMENDED COMPLAINT

  EXHIBITA 

Dec.12. 2013 5:45PM

No.7122

BIANCHI OB/GYN ASSOCIATES

P. 2

PHYSICIAN-PATIENT ARBITRATION AGREEMENT
Article 1: Agreement to Arbitrate: It Is understood that any dispute as to medical malpractice, that is as to whether any medical services rendered under this contract
were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, will be determined by submission to arbitration as provided by California
law, and not by a lawsuit or resort to Court process except as California law provides for judidal review of arbitration proceedings. Both partiesto this contract, by entering
Into It, are giving up their constitutional rights to have any such dispute decided in a court of law before a Jury, and instead are accepting the use of arbitration.
Article?: All Claims Must be Arbitrated: It Ts the Intention of the parties that this agreement bind all parties whose claims may arise out afar relate to treatment or
service provided by the physician including any spouse or heirs of the patient and any children, whether born or unhom, at the time of the occurrence giving rise to any
claim. In the case of any pregnant mother, the termPpatienr herein shall mean both the mother and the mother's expected child or children.
All claims for monetary damages exceeding the jurisdictional limit of the small daims court against the physician, and the physician's partners, associates, association,
corporation or partnership, and the employees, agent and estates of any of them, must be arbitrated Including, without limitation, claims for loss of consortium, wrongful
death, emotional distress or punitive damages. Filing of any action in any court byte physician to collect any fee from the patient shall not waive the right to compel
arbitration of any malpractice dalm. However, following the assertion of any dalm against the physician, any fee dispute, whether or not the subject of any existing court
action, shall also be resolved by arbitration.
Article 3: Procedures and Applicable Law: A demand for arbitration must be communicated in writing to all parties. Each party shall select an arbitrator (party
arbitrator) within thirty days and a third arbitrator (neutral arbitrator) shall be selected by the arbitrators appointed by the parties within thirty days of a demand for a
neutral arbitrator by either party. Each party to the arbitration shall pay such party's pro rata share of the expenses and fees of the neutral arbitrator, together with other
expenses of the arbitration incurred or approved by the neutral arbitrator, not including counsel fees or witness fees, or other expenses incurred by a party for such party's
own benefit. The parties agree that the arbitrators have the immunity of a judicial officer from civil liability when acting In the capacity of arbitrator under this contract. This
immunity shall supplement, not supplant, any other applicable statutory or common law.
Other party shall have the absolute right to arbitrate separately the Issues of liability and damages upon written request to the neutral arbitrator.
The parties consent to the intervention and joinder in this arbitration of any person or entity which would otherwise be a proper additional party in a court action, and
upon such intervention and joinder any existing court action against such additional person or entity shall be stayed pending arbitration.
The parties agree that provisions of California law applicable to health care providers shall apply to disputes within this arbitration agreement including, but not limited
to, Code of Civil Procedure Sections 3405 and 667.7 and Civil Code Sections 3333.1 and 3333.2. Any party may bring before the arbitrators a motion for summary judgment
or summary adjudication in accordance with the Code of Civil Procedure. Discover/ shall be conducted pursuant to Code of Civil Procedure section 1263.05; however,
depositions may be taken without prior approval of the neutral arbitrator.
Article 4: General Provisions: All claims based upon the same incident, transaction or related circumstances shall be arbitrated in one proceeding. A claim shall be waived
and forever barred if (1) on the date notice thereof Is received, the claim, If asserted In a doll action, would be barred by the applicable California statute of (Imitations, or
(2) the claimant fails to pursue the arbitration claim in accordance with the procedures prescribed herein with reasonable diligence. With respect to any matter not herein
expressly provided for, the arbitrators shall be governed by the California Code of Civil Procedure provisions relating to arbitration.
Article 5: Revocation:This agreement may be revoked by written notice delivered to the physician within 30 days of signature. It Is the intent of this agreementto apply to
all medical services rendered any time for any condition.
Article 6: Retroactive Effect:If patient Intends this agreement to cover services rendered before the date it Is signed (inducing, but not limited to,
emergency treatment) patient should initial below:
Effective as of the date of first medical services
Manta ar Patient Reptasentatlyis InItiab

If any provision of this irbitration agreement Is held invalid or unenforceable, the remaining provisions shall remain in full force and shall not be affected by the Invalidity of
any other provision.
I understand that I have the right to receive a copy of this arbitration agreement By my signature below, I acknowledge that I have received a copy.

NOTICE: BY SIGNING THIS CONTRACT YOU ARE AGREEING TO HAVE ANY ISSUE OF MEDICAL MALPRACTICE DECIDED BY NEUTRAL
ARBITRATION AND YOU ARE GIVING UP YOUR HT TO A JURY OR COURT TRIAL. SEE ARTICLE 1 OF THIS CONTRACT.

V49 0•2

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Physician's o Aute

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Medtcal Group, or

aVe of
Print or
Association Name

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a% ta.7 • .f..g

A signed copy of this document is to be giv
(208) atta

0414

Patient's or PAnt Repreentative's Signature

rai 1
(ice

Bianchi 013Alyn Associates
113 8. Vine St., Ste. A
ralthrook, CA 92028

ft

By:

I4iciY(11/4.

Print Patientg Name ,'

(If Representative, Print Name and Relationship to
Patient)

SIMSESderat Fnedical records.

(Date)

 1

PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SAN DIEGO
I am employed in the County of San Diego, State of California. I am over the age of 18 and not
a party to the within action. My business address is 225 Broadway, Suite 1575, San Diego, CA 92101.
On December 26, 2013, I served a true and correct copy of the following document:
ANSWER TO FIRST AMENDED COMPLAINT BY DEFENDANTS ANTHONY S. BIANCHI,
M.D. AND BIANCHI OB/GYN ASSOCIATES, AMC
(X)

By United States Mail (CCP §§1013a, et sea.): I enclosed said document(s) in a sealed
envelope or package to each addressee. I placed the envelope for collection and mailing,
following our ordinary business practices. I am readily familiar with the firm's practice for
collecting and processing correspondence for mailing. On the same day that correspondence is
placed for collection and mailing, it is deposited in the ordinary course of business with the
United States Postal Service, with postage fully prepaid.
By Overnight Delivery/Express Mail (CCP §§1013(c)(d), et seq.): I enclosed said
document(s) in a sealed envelope or package provided by an overnight delivery carrier to each
addressee. I placed the envelope or package, delivery fees paid for, for collection and overnight
delivery at an office or at a regularly utilized drop box maintained by the express service carrier
at 225 Broadway, San Diego, California.
By Fax Transmission (CRC 2.306): Based on a written agreement of the parties to accept
service by fax transmission, I faxed said document(s) to each addressee's fax number. The
facsimile machine that I utilized, (619) 814-5999, complied with California Rules ofCourt, Rule
2.306, and no error was reported by the machine. Pursuant to Rule 2.306(h), I caused the
machine to print a record of the transmission, a copy of which is attached to the original of this
proof of service.
By Messenger Service: I enclosed said document(s) in a sealed envelope or package to each
addressee. I provided them to a professional messenger service (E.S.Q. Services, Inc.) for
service. An original proof of service by messenger will be filed pursuant to California Rules of
Court, Rule 3.1300(c).

I declare under penalty of perjury under the laws of the State of California and of the United
States that the foregoing is true and correct.
Executed on December 26, 2013, at San Diego, California.

ALMA FEL

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ANSWER TO FIRST AMENDED COMPLAINT

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2 PROOF OF SERVICE
RE: LYSTRA v. BIANCHI
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CURTIS M. KING, SBN 187778
5 JASON D. DUMBECK, SBN 174950
DUMBEK & DUMBECK
6 3355 MISSION AVE., SUITE 139
OCEANSIDE, CA 92058
7 (760) 529-4958; (760) 637-2391 FAX
ATTORNEYS FOR PLAINTIFF
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ANSWER TO FIRST AMENDED COMPLAINT