DEFENDANT RONALD GOODSONS ANSWER TO PLAINTIFFS COMPLAINT

RONALD GOODSON

2212 Via Lorna,

Camarillo, CA. 93012

Phone Number (805) 754 5371

Email Address tonysnypizzeria31@gmail.com

In Pro Per

SUPERIOR COURT OF CALIFORNIA
IN AND FOR THE COUNTY OF VENTURA

Defendant, RONALD GOODSON, individually and d/b/a TONY’S NY PIZZERIA (“Goodson”), hereby answers the Complaint of Plaintiff Alexander Tron as follows:

GENERAL DENIAL

Pursuant to the provisions of Code of Civil Procedure section 431.30(d), Goodson denies, both generally and specifically, each and every allegation, matter or fact contained in Plaintiff’s Complaint and the whole thereon, and further denies that Plaintiff has been injured or damaged in any sum whatsoever or is entitled to any relief if any form, whether legal or equitable, from Goodson.

AFFIRMATIVE DEFENSES

Without assuming the burden of proof or persuasion, Goodson is informed and believes on that ground alleges that Plaintiffs’ Complaint is subject to the following affirmative defenses:

FIRST AFFIRMATIVE DEFENSE

(Facts insufficient to State Any Cause of Action)

The Complaint as a whole, and each purported cause of action alleged therein, fails to state facts sufficient to constitute any cause of action against Goodson upon which relief may be granted.

SECOND AFFIRMATIVE DEFENSE

(Unclean Hands)

Goodson is informed and believes and thereon alleges that Plaintiff, by her own conduct, is guilty of unclean hands, which completely bars or reduces recovery, if any, to which she may be entitled, all in accordance with proof at trial.

THIRD AFFIRMATIVE DEFENSE
(Good Faith)

All actions taken by Goodson with respect to Plaintiff, at all times relevant to this action, were taken in good faith for legitimate non-discriminatory reasons.

FOURTH AFFIRMATIVE DEFENSE
(Unconstitutional)

Plaintiff’s cause of action for penalties is barred because it is unconstitutionally vague and overbroad as applied to the facts and circumstances of this case.

FIFTEENTH AFFIRMATIVE DEFENSE
(Failure to Mitigate)

Without admitting any facts pled by Plaintiff, Goodson alleges that if Plaintiff sustained any loss, injury or damages either as alleged in the Complaint or at all, which Goodson expressly denies, the same were directly and proximately caused and/or exacerbated by Plaintiff’s own conduct, promises and representations to Goodson, and failure to take actions to mitigate these losses, injuries, or damages.

SIXTH AFFIRMATIVE DEFENSE
(No Severe Emotional Distress)

The alleged acts of Goodson were not outrageous, intentional, or reckless, and Plaintiff did not suffer severe emotional distress as a result of Goodson’s alleged acts.

SEVENTH AFFIRMATIVE DEFENSE
(Avoidable Consequences Doctrine)

Goodson alleges the Complaint, and each and every cause of action alleged therein, is barred on the ground that, without admitting that it engaged in any of the acts or conduct attributed to it in the Complaint, that Plaintiff’s claims and damages are barred in whole or in part by Plaintiff’s failure to take reasonable and necessary steps to avoid the harm and/or consequences he allegedly suffered. Plaintiff is barred from recovering any damages that he could have avoided with reasonable effort by, inter alia, taking advantage of the Goodson’s internal complaint procedures

EIGTH AFFIRMATIVE DEFENSE
(Third Parties)

Goodson alleges that the Complaint, and each purported cause of action contained therein, is barred in whole or in part because any injuries or damages allegedly sustained by Plaintiff were not the result of any acts, omissions or other conduct of Goodson. Further, any alleged injuries were caused in part or in whole by third parties or intervening occurrences

TWENTY-FIFTH AFFIRMATIVE DEFENSE
(No Punitive Damages)

Goodson alleges that Plaintiff is not entitled to recover the punitive damages in his Complaint as an award of punitive damages would violate Goodson’s rights under the Constitution of the United States of America and under the Constitution of the State of California, including Goodson’s rights to (1) procedural due process under the Fourteenth Amendment of the United States Constitution and the Constitution of the State of California; (2) protection for “excessive fines” as provided in the Eighth Amendment of the United States Constitution and Article I, Section 17 of the Constitution of the State of California; and (3) substantive due process provided in the Fifth and Fourteenth Amendments of the United States of America Constitution and the Constitution of the State of California

RESERVATION OF RIGHTS

Goodson reserves the right to amend or add any additional defenses or counterclaims which may become known during the course of discovery.

WHEREFORE, Goodson prays as follows:

1. That Plaintiff takes nothing by way of her Complaint;
2. That Goodson recover attorneys’ fees, expert fees and investigator fees;
3. That Goodson recover costs of suit herein; and
4. That the Court award such other and further relief as it deems appropriate.

Dated: Respectfully Submitted,

BY: ____________________

RONALD GOODSON

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