II-?-o?haJames A. Lassart SEN 409D Adrian G. Driscoll - SEN 95468 MURPHY. PEARSON, BRADLEY FEENEY - gs Klearny Street, 10th Floor .. an irancisco, CA 94108-5530 .Tel: 7334900 5 IL. Fax: (415) 393-3037 SUPERIOR mill" Attorneys for Defendant 1 4 20? JACK. R. SNYDER, DVM By SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF YOLO UNLIMITED JURISDICTION II THE REGENTS OF THE UNIVERSITY OF Case No.: CV14-1055 CALIFORNIA, ANSWER 0F DEFENDANT JACK R. Plaintiff; SNYDER, DVM TO COMPLAINT BY FAX II JACK R. SNYDER, DVM, and DOES 1 through 100, inclusive. . Defendants. Complaint Filed: June 20, 2014 Trial Date: None Set Defendant JACK R. SNYDER. DVM. in answer to the Complaint ot? Plaintiff THE REGENTS ?1 OF THE UNIVERSITY OF CALIFORNIA, and asserting his constitutional right against, self- I incrimination under the Fifth Amendment of the United States Constitution and under the California Constitution. herewith generally denies each and every, all and singular, conjunctively and disjunctively, the allegations of said Complaint pursuant to Code of Civil Procedure section 446(3), and furtherdenies that Plaintiff has been injured and/or damaged in any magnet-yin an;I sum or sums, one; all as a reSult of any act or omission of this answering Defendant. EIRSI AFEIRMNWE. l. The complaint, and each cause of action contained therein. fails to state facts suf?cient to constitute a causeof'action. . -1- answer: os?oaranom'r JACK a. servo an. own TO COMPLAINT groom) AFFIRMATIYE nanometre 2. The Complaint. and each?cause ,o't'aetion therein, is barred by the atatutes of limitations of the State of California, including, but?not limited to, Sections 335.1, 337, 338, 339, 340 and 343 of the: Code of Civil. Procedure. DEFENSE 3. Plaintiff itself was negligent andfor careless in and about the matters alleged in the Complaint, and to the extent said negligence andior carelessness caused and/or contributed to injuries - Hand/Or damages. i?f'any, Plainti??s recovery should be barred or proportionately reduced. FOURTH A RMATIVE DEF ENSE- 4. The damages complained of by Plaintiff, if any there were, were proximately contributed to or caused by the carelessness, negligEnee, intentional acts, or fault ofiPlainti??, or by I other as yet unknown persons or entities. and were not caused in any way by- Defendant. l3 FIFTH 14 5. Plaintiff failed and neglected to use-reasonable care to protect itself and to mitigate-and 15 minimize the losses and damages complained of. if any there were. '16 SIXTH AFFIRMATIVE DEFENSE 17 6. Defendant is entitled to have any award against him abated, reduced, art-eliminated to 18 the extent that the negligence, carelessness or fault of Plaintiff or other persons, corporations, or 19 business entities contributed to Plaintiffs damages, if any. ?20 SEVENTH AFFIRMATIVE .21 Plaintiff a?ndim other persons or entities and each of them were guilty'of negligence, or 22 other acts' or omissions in the matters; set forth in-the Complaint, which proximately caused or 23 contributed to the damages or loss complained of, if any, and that Defendant is liable, if ?at all, only-for .24 thea?mount of non-economic damages allocated to faultThe each c?a'use'of action contained therein, is barredby'the equitable 27 Doctrine ofLaches. ?28 DVM TO COMPLAINT condom-hung Iuh- LIJ NINTH Mammarwa DEFENSE 9. The Complaint. and each-cause of action contained therein, is barred by the equitable Doctrine of Unclean Hands. TENTH AFFIRMATIVE DEFENSE 10. The Complaint, and each cause of action contained therein, is barred by the equitable Dectrine of Waiver and Plaintiff is also estopped from maintaining this action. AFFIRMATIVE DEFENSE l. Plaintiff?s Complaint, to the extent that'it seeks exemplary or punitive damages pursuant to section 3294 of the Civil Code, violates Defendant?s right to procedural due process under the Fourteenth Amendment of the United States Constitution, and the Constitution of the State of California, and therefore fails to state a cause of action upon which either punitive or exemplary damages can be awarded. AFFIRMATIVE DEFENSE 12. l?lainti??s Complaint, to the extent that it seeks punitive or exemplary damages pursuant to section 3294 oi' the Civil Code, violates Defendant?s rights to protection thorn ?excessive fines" as provided in the Eighth Amendment ofthe United States Constitution and Article 1, Section 17, of the Constitution of the State of California, and violates Defendant?s rights to substantive due process as provided in the um and Fourteenth Amendments of the United States Constitution and the Constitution of the State of California, and therefore fails to state a cause of action supporting the punitive or exemplary damages claimed. Plaintiff?s Complaint. and eaeheause of action therein, is barred by reason of Article VI of the United States Caustitution. 14. Defendant rendered to Plaintiff 'true and correct reports and accounts, and at no time did Plainti??objeet to said reports and accounts. :13 .- . ANSWER or: JACK a, swoon. ovM T0 COMPLAINT aaooqmmaecuw gmegn?ommqmueuM?o :27 28 FIFTEENTH AFFIRM ATWE DEFENSE Plaintiff?s Complaint, and each cause ofaction therein, is barred on thegrounds that Plaintiff consented to thc?acts of Defendant alleged in Plaintiff-s Complaint. AFFIRMATIVE DEFENSE 1'6. Plaintiffs Complaint is barred in whole or in part by: the Statute of Frauds. AFFIRMATIVE DEFEESE l7. Plaintiff failed to perform certain conditions precedent to the duty of Defendant. These conditions precedent were imposed upon the Plaintiffby the contract alleged by Plaintiff. The non- performance of said conditions excused obligations of Defendant under the contract alleged by Plaintiff and has given the Defendant the right of disa?irmance, rescission and release; Plaintiff is- therefore barred from recovery herein. EIGHTEENTH AFFI DEFENSE 18. Any alleged representations by Defendant which formed the basis of Plaintiff?s Complaint herein, were true and honest at the time made. Said representations were made. if any there were, without knowledge ofany falsity,.and were not made with the intent to deceive the Plaintiff; I Plaintiff is therefore barred from recovery herein. NINETEENTH AFFIRMATWE 19. Plaintiff cannot assert any of the contractual claims contained in its Complaint because Plaintiff itself materially breached said contracts. TWENTIETH AFFIRMATIVE DEFENSE 20. There'ivas a failure of consideration for the alleged agreements Plaintiff sack to enforce, Ii caused by Plaintiff. and that said failure of consideration bars Plaintiff?s rights to relief. TWENTY-FIRST AFFIRMATIVE DEFENSE- 2'1. Enforcement of the agreement alleged in Plaintiff's Complaint: would work a forfeiture, and thattliealleged agreement should not therefore be enforced ?in equity. 22-. Plaintiff failed to perform pursuant to the terms and cenditionsaofthe?contract alleged in II its complaint. thereby depriving Defendant of the bene?t of his bargain.- . . i 4? - ANSWER OF DEFENDANT JACK R. SNYDER. DVM TO COMPLAINT ll RD AFFIRMATIVE. DEFENSE 23. Defendant?s conduct was not the cause in fact or the proximate cause of any of the. 1 losses alleged by l?laintill'. TWENTY-FOURTH AFFIRMATIVE 24. Atall times and places mentioned in the Complaint herein, Plaintiff by its pastconduct, I past declarations. and past deeds, acted with the intent to deliberately lead the Defendant into a position of helplessness. To permit Plaintiff to prevail would work as injustice and therefore Defendant should be protected in equity by a decree that Plainti ff has waived its rights, if any. The conduct of Plaintiff acts to bar by estoppel its right to complain. PMYER FOR RELIEF WHEREFORE. Defendant prays tot-judgment from this Court as follows: 1. Plaintiff take nothing by this action: I 2. That the Complaint be dismissed with prejudice and that judgment be entered against Plaintiffand in favor of Defendant on each cause ofaetion; 3. That Defendant be awarded his costs of suit incurred herein to the extent permitted 1' under applicable law; and 4. Such other and further relief as the Court deems appropriate and proper. DATED: November 2014 MURPHY. PEARSON, BRADLEY 3g. FEENEY 'By' .l es .La'ssart A ri G. Driscoll Ato for Defendant .JA 208235 7.dpc - 5 - . ANSWER JACK R. SNYDER. DVM 110 COMPLAINT mgm-mamM?oemqo?meuw?o K, CERTIFICATE OF SERVICE I, Michelle S. Yee. declare: I-am a citiien of the United States, am over the age of eighteen years, and am not a party to or interested in the within entitled cause. My business address is,88 Kearny Street, 10th Floor, San Francisco, California 94108-5530. on November I 20 4, I Served the Following documentts)? on the parties in the within action: ANSWER OF DEFENDANT JACK R. SNYDER, DVM TO COMPLAINT BY MAIL: I am familiar with the business practice for collection and processing ot? mail. The above-described document(s) will be enclosed in a-sealed enVelope, with ?rst class postage thereon fully prepaid, and deposited'with the United States Postal Service at San Francisco, California on this date, addressed'as follows: R. Parker White PQSWALL, WHITE CUTLER 1001 Street, Suite 301 Sacramento, CA 95814 Tel: (9l6) 449-1300 Charles F. Robinson, Esq. Karen J. Petrulakis, Esq. Margaret L. Wu, Esq. Michael R. Goldstein, Esq. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA Of?ce of the General Counsel I I Franklin Street, 8?h Floor Oakland, CA 94607-5200 Tel: (510) 987-9300 Fax: (SID) 987-9757 BY HAN D: The above-described-documcnt(s) will be placed in a sealed envelope which will be hand-delivered on this same date by . addressed as follows: . Facsimile report, and the attached facsimile report reported no error in. Iran?smir'ssirm and mailed, on this same dateto the following: VIA FACSIMJ LE: The above-described documenqs) was transmitted viafacsimile front the Fax number shown on the attached facsimile report, at the time shown on theattached Was properly issued from the transmitting facsimile machine,.and,a copy cf. shine was- VIA OVERNIGHT SERVICE: The above~described document(s) will be delivered by overnight service, to the Ibllowing: VIA FILE 8: SERVE: By causing a true and correct copy thereof to be Served through File &?ServeXpress addressed totall parties appearing on the File ServeXpress Serve. electronic service list.- ?0 00 ?1 J-?h b) - I declare under penalty of perjury under the laws of the State of California that'the fbregoing is a true and correct statement and that this Certi?cate was executed on November 13, 2014.