Electronically FILED by Superior Court of California, County of Los Angeles on 06/22/2020 05:00 PM Sherri R. Carter, Executive Officer/Clerk of Court, by D. Ramos,Deputy Clerk

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Yaakov Y. Klein, Esq., SBN 290277
FRANKEL RUBIN KLEIN SIEGEL PAYNE & PUDLOWSKI, P.C.
231 S. Bemiston Avenue, Suite 1111
Clayton, Missouri 63105
Tel: (314)725-8000 / Fax: (314) 726-5837
Email: yklein@frankelrubin.com
Attorney for Defendant DOV JACOBS

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SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF LOS ANGELES

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) Case No.: 20STCV04552
)
)
) ANSWER AND AFFIRMATIVE
) DEFENSES TO PLAINTIFFS’
) COMPLAINT
)
) Dept:
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PLAINTIFFS,
) Judge:
Maureen Duffy-Lewis
) Complaint Filed:
02/05/2020
vs.
) Trial Date:
)
LEGACY HEALTHCARE CENTER, LLC, )
)
a California limited liability company; ROSE )
GARDEN SUBACUTE &
)
REHABILITATION CENTER, LLC a
)
California limited liability company; DOV E. )
JACOBS, an individual; MIRIAM TAUB, an )
)
individual; and DOES 1 through 10,
)
inclusive,
)
)
)
Defendants.
)
ARLENE H. ROSALES, AS TRUSTEE OF
THE ARLENE H. ROSALES LIVING
TRUST DATED FEBRUARY 2, 2012; and
DAVID ROSS II, LLC, a California limited
liability company,

_____________________________________

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COMES NOW, Defendant Dov Jacobs (hereinafter referred to as “Defendant” or “JACOBS”),

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by and through his undersigned counsel, and answers the Complaint of PLAINTIFFSs Arlene Rosales

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as trustee of the ARLENE H. ROSALES LIVING TRUST and DAVID ROSS II, LLC (hereinafter
collectively referred to as “PLAINTIFFS”), as follows:

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- 1 ANSWER AND AFFIRMATIVE DEFENSES OF DEFENDANT DOV JACOBS

 GENERAL DENIAL

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Answering the allegations contained in each and every paragraph of each and every cause of
action directed to JACOBS in the Complaint filed by PLAINTIFFS (the "Complaint"), pursuant to

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Section 431.30 of the California Code of Civil Procedure, Defendant denies each and every, all and
singular, conjunctively and disjunctively, allegation of the Complaint and further denies that

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PLAINTIFFS has been damaged in any sum(s) or at all, by reason of any act or omission on the part

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of JACOBS, or his agents.

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AFFIRMATIVE DEFENSES

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Defendant hereby asserts the following separate and distinct affirmative defenses to
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PLAINTIFFS' Complaint but in doing so does not assume any burden of production, proof, or

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persuasion as to such defenses not otherwise imposed by law. Defendant reserves the right to assert

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additional affirmative defenses as warranted by discovery in this case.

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FIRST AFFIRMATIVE DEFENSE
(Failure to State a Cause of Action)

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1. As a separate and distinct affirmative defense to PLAINTIFFS' Complaint and each of
PLAINTIFFS' causes of action, JACOBS alleges that said causes of action fail to state facts sufficient
to constitute a cause of action against JACOBS upon which any type of relief may be granted.

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SECOND AFFIRMATIVE DEFENSE
(Estoppel)

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2. As a separate and distinct affirmative defense to each of PLAINTIFFS' causes of action,

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JACOBS alleges that PLAINTIFFS' causes of action are barred by the application of the doctrine of
estoppel.

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- 2 ANSWER AND AFFIRMATIVE DEFENSES OF DEFENDANT DOV JACOBS

 THIRD AFFIRMATIVE DEFENSE
(Unclean Hands)

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3. As a separate and distinct affirmative defense to each of PLAINTIFFS' causes of action,

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JACOBS alleges that PLAINTIFFS' causes of action are barred by the application of the doctrine of

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unclean hands.

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FOURTH AFFIRMATIVE DEFENSE
(No Damages)

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4. As a separate and distinct affirmative defense to each of PLAINTIFFS' causes of action,
JACOBS alleges that PLAINTIFFS have sustained no damages, whatsoever, as a result of the conduct

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and events alleged in the Complaint.
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FIFTH AFFIRMATIVE DEFENSE
(Defendant's Duties Met)

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5. As a separate and distinct affirmative defense to each of PLAINTIFFS' causes of action,
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JACOBS alleges that said answering Defendant has met its duty of good faith and fair dealing.
SIXTH AFFIRMATIVE DEFENSE
(Prior Material Breach)

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6. As a separate and distinct affirmative defense to each of PLAINTIFFS’s causes of action,

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JACOBS asserts that any breach of contract by any Defendant is excused by the prior material breach

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of the contract by PLAINTIFFS.

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SEVENTH AFFIRMATIVE DEFENSE
(Good Faith)

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7. As a separate and distinct affirmative defense to each of PLAINTIFFS' causes of action,

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JACOBS alleges that the acts and conduct of Defendant, if any, were at all times conducted by

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Defendant, in a good faith belief that his respective actions, if any, were reasonable, justified, lawful

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and taken in good faith toward PLAINTIFFS.
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- 3 ANSWER AND AFFIRMATIVE DEFENSES OF DEFENDANT DOV JACOBS

 EIGHTH AFFIRMATIVE DEFENSE
(Failure to Mitigate)

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8. As a separate and distinct affirmative defense to each of PLAINTIFFS’ causes of action,

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JACOBS asserts that PLAINTIFFS are barred from relief because they have failed to mitigate any

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damages to them.

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NINTH AFFIRMATIVE DEFENSE
(Intervening or Superseding Causes)

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9.

The causes of action alleged in the Complaint against JACOBS are barred because

PLAINTIFFS’ claims, if any, are the results of the acts, omissions, and conduct of third parties or

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independent or superseding causes, which are not the responsibility of JACOBS.
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TENTH AFFIRMATIVE DEFENSE
(No Threat of Imminent or Immediate Harm)

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10. No threat of imminent or immediate harm exists sufficient to support PLAINTIFFS’
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request for injunctive relief.
ELEVENTH AFFIRMATIVE DEFENSE
(No Duty)

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11. The Complaint, and the causes of action alleged therein against Jacobs, fail to state facts

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sufficient to constitute a cause of action against Jacobs because Jacobs had no duty to act as alleged

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in the Complaint.

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TWELVE AFFIRMATIVE DEFENSE
(Waiver, Acquiescence, and Release)

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12. The Complaint is barred, in whole or in part, by the doctrines of waiver, acquiescence,
and release.
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- 4 ANSWER AND AFFIRMATIVE DEFENSES OF DEFENDANT DOV JACOBS

 THIRTEENTH AFFIRMATIVE DEFENSE
(Reservation of Rights)

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13. As a separate and distinct affirmative defense to each of PLAINTIFFS' causes of action,

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JACOBS reserves the right to make any and all applicable defenses which will become available during

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discovery or trial.

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Dated: June 22, 2020

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FRANKEL, RUBIN, KLEIN, SIEGEL,
PAYNE & PUDLOWSKI, P.C.

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By:
Yaakov Y. Klein, Esq.
Attorney for Defendant
DOV JACOBS

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- 5 ANSWER AND AFFIRMATIVE DEFENSES OF DEFENDANT DOV JACOBS

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CERTIFICATE OF SERVICE
STATE OF MISSOURI, COUNTY OF ST. LOUIS
I am employed in the County of St. Louis, State of Missouri. I am over the age of 18 years
and not a party to this action. My business address is 231 South Bemiston Avenue, Suite 1111,
Clayton, Missouri 63105.
On June 22, 2020, I served the foregoing document(s) described as DEFENDANT DOV
JACOBS’ ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFFS’ COMPLAINT on
the interested parties in this action:
ARLENE H. ROSALES
DAVID ROSS II, LLC
Dawn M. Coulson
Attorney for PLAINTIFFS
dcoulson@eppscoulson.com

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☐By MAIL: by placing true and correct copy(ies) thereof in an envelope addressed to the
attorney(s) of record, addressed as stated above.

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☐By PERSONAL SERVICE: I delivered the envelope by hand on the addressee, addressed as
stated above.
☐By OVERNIGHT MAIL: by overnight courier, I arranged for the above-referenced document(s)
to be delivered to an authorized overnight courier service for delivery to the addressee(s) above, in
an envelope or package designated by the overnight courier service with delivery fees paid or
provided for.
☒By ELECTRONIC MAIL: by causing a true and correct copy thereof to be transmitted
electronically to the attorney(s) of record at the e-mail address(es) indicated above.
I declare under penalty of perjury, under the laws of the State of California, that the above
is true and correct.
Executed on June 22, 2020, Clayton, Missouri.

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/S/ YAAKOV KLEIN
YAAKOV KLEIN, #290277

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- 6 ANSWER AND AFFIRMATIVE DEFENSES OF DEFENDANT DOV JACOBS