SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
|HUDSON INSURANCE COMPANY, a Delaware Corporation, Plaintiff, vs.|
LAURA CAYLEY, an individual; KEVIN KINZINGER, an individual; JOSEPH OLTMANS III, an individual; BRET BISSEY, an individual; SARATH KAMINENI, an individual, DANNY HETZLER, an individual; EMERSON AQUINO, an individual; FERNANDO ESCOBEDO, an individual; JONATHAN FOSTER, an individual; TONY HUANG, an individual; KARL ROLLER, an individual; DAVID BARTIS, an individual; REBECCA BARTIS, an individual; DARRIN HO, an individual; JOHN MORGAN, an individual; TAB MITCHELL, an individual; GARYSIGRITZ, an individual; ERIC LIU, an individual; EDWARD TARANDEK, an individual; BRUCE DOUGLAS, an individual and DOES| through 50, inclusive, Defendants.
|CASE NO: CIV SB 2111285 DEFENDANTS’ ANSWER TO PLAINTIFFS’ COMPLAINT|
In response to the numbered paragraphs of the Complaint, Defendant, on its own behalf states as follows:
- Defendant admits the allegations contained in Paragraphs 26 of the Complaint.
- Defendant admits the allegations contained in Paragraphs 27 of the Complaint.
- With respect to paragraph 28, Defendant lacks sufficient knowledge to respond to the allegation that Plaintiff “received at least 16 claims and lawsuits against the Bond alleging default by the Principal”. Defendant admits it is entitled to the return of the bond sum, and denies that Defendants [insert other defendant names] have any rights in the bond sum.
- With respect to paragraph 29, Defendant denies Plaintiff cannot determine who is entitled to the Bond.
- With respect to paragraph 30, Defendant lacks sufficient knowledge to respond to the first sentence of paragraph 30. Defendant admits this Court has jurisdiction over this action and the parties.
- Defendant admits the allegations contained in Paragraphs 31 of the Complaint.
- Defendant lacks sufficient knowledge to respond to the allegations of paragraph 33.
- Defendant denies that Plaintiff is entitled to the relief requested in Paragraph 32 and 34 of the Complaint.
- Defendant denies that Plaintiff is entitled to the relief requested in Paragraph 32, 34, 35, 36, 37 and 34 of the Complaint. Defendant denies any allegation that it is obligated to reimburse any part of plaintiff’s “legal fees and related costs” and states that that Defendants [insert other defendant names] are solely responsible for the reimbursement of such fees and costs.
- Any allegation not specifically admitted is denied.
FIRST AFFIRMATIVE DEFENSE
- As a first, separate, and affirmative defense to the Complaint on file herein, these answering Defendants allege that Plaintiff’s Complaint, in its entirety, nor any purported cause of action set forth therein, allege facts sufficient to constitute a cause of action against these answering Defendants.
SECOND AFFIRMATIVE DEFENSE
- As a second, separate, and affirmative defense to the Complaint on file herein, the cause of action asserted by the Plaintiffs did not accrue within the applicable statute of limitations.
WHEREFORE, these answering Defendant [insert your name] requests the following relief:
- That the Court enter an order distributing the interpleaded funds in a just and equitable manner.
- That the Court enter an order enjoining all Defendants from instituting any separate action or proceeding regarding potential claims against the interplead funds.
- That the Court deny Plaintiff’s request for cost or attorneys’ fees.
- That Defendant [insert your name] be awarded taxable costs.
- That the Court grant Defendant [insert your name] any further relief that the Court may deem just and fair.
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