20101227 Defendants' Answer to Plaintiff's Unverified Complaint for Damages 12.27.10

8/2/2019 20101227 Defendants' Answer to Plaintiff's Unverified Complaint for Damages 12.27.10

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DEFENDANTS ANSWER TO PLAINTIFFS UNVERIFIED COMPLAINT

FOR DAMAGES AND PRELIMINARY AND PERMANENT INJUNCTION

PATRICIA A. KINAGA, SBN 126845JEANETTE KANG, SBN 243237KINAGA LAW FIRM617 South Olive Street, Suite 1210Los Angeles, CA 90014Tel: 213.623.8588Fax: 213.623.8788

[email protected]@kinagalawfirm.com

Attorneys for DefendantsCAROLYN COSTIN; MONTE NIDORESIDENTIAL CENTER, INC.; ANDMONTE NIDO LAKE VISTA, LLC

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELESSANTA MONICA COURTHOUSE

John Doe, an individual,

Plaintiff,

v.

Carolyn Costin, an individual;Monte Nido Residential Center, Inc., aCalifornia corporation;Monte Nido Lake Vista, LLC, a Californialimited liability company; andDoes 1-10, inclusive

Defendants.

CASE NO. SC 109466

DEFENDANTS ANSWER TOPLAINTIFFS UNVERIFIED COMPLAINTFOR DAMAGES AND PRELIMINARYAND PERMANENT INJUNCTION

Courtroom: Department F

Judge: Honorable John H. Reid

Complaint Filed: September 2, 2010

Defendants CAROLYN COSTIN; MONTE NIDO RESIDENTIAL CENTER, INC.;

AND MONTE NIDO LAKE VISTA, LLC (collectively, Defendants) in answer to plaintiff

John Does (Plaintiff) complaint for damages and preliminary and permanent injunction

(Complaint), admit and deny as follows:

GENERAL DENIAL

Pursuant to Code of Civil Procedure section 431.30, Defendants deny each and every

allegation of Plaintiffs Complaint and further deny that Plaintiff has suffered damages or

sustained any loss. This general denial to the Complaint is filed without prejudice to Defendants

rights to file amended answers, including defenses, and to file cross-complaints after conducting

discovery.


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For further answer and separate defenses to Plaintiffs Complaint, Defendants allege:

FIRST DEFENSE

(Failure to State a Claim)

By his Complaint, Plaintiff fails to allege facts sufficient to constitute claims for relief

against Defendants.

SECOND DEFENSE

(No Established Business)

Plaintiffs entitlement to recovery is barred in whole or in part to the extent of any of the

Defendants is not an established business under the Unruh Act.

THIRD DEFENSE

(Legitimate Business Purpose)

Plaintiffs entitlement to recovery is barred in whole or in part to the extent that

Defendants are justified to some degree of limitation on consumer access to public

accommodations.

FOURTH DEFENSE

(Failure to Exhaust)

Plaintiffs entitlement to recovery is barred to the extent that he failed to exhaust any

administrative remedies available to him.

FIFTH DEFENSE

(Compelling Social Policy)

Plaintiffs entitlement to recovery is barred to the extent that Defendants actions are

based on a compelling social policy.

SIXTH DEFENSE

(Permissible Discriminatory Conduct Under Other Law or Preemption)

Plaintiffs entitlement to recovery is barred to the extent that Defendants actions are

permitted under other laws.

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/ / /

SEVENTH DEFENSE

(No Imminent Irreparable Harm)

Plaintiffs entitlement to any injunction is barred to the extent that Plaintiff has no

imminent irreparable harm.

EIGHTH DEFENSE

(No Reasonable Probability of Success)

Plaintiffs entitlement to any injunction is barred to the extent that Plaintiff has no

reasonable probability of success to prevail on the merits.

NINTH DEFENSE

(Equity)

Plaintiffs entitlement to any injunction is barred in whole or in part to the extent that

equitable defenses apply to Plaintiff, which he has failed to fulfill.

PRAYER

Wherefore, having generally denied Plaintiffs Complaint and having alleged DEFENSES,

Defendants pray:

1. That Plaintiff take nothing by his Complaint;2. For denying any temporary or injunctive relief;3. For judgment in Defendants favor and dismissal of all of Plaintiffs claims against

them;

4. For Defendants costs incurred in this action; and/ / /

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20101227 Defendants' Answer to Plaintiff's Unverified Complaint for Damages 12.27.10

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Transcript of 20101227 Defendants' Answer to Plaintiff's Unverified Complaint for Damages 12.27.10