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11 COUNTY OF SACRAMENTO
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14 DANIELLE HARTLEY, Case No. 34-2016-00205613
15 Plaintiff, DEFENDANT CALIFORNIA
DEPARTMENT OF JUSTICE'S
16 V. ANSWER TO COMPLAINT
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STATE OF CALIFORNIA, Action Filed: December 30,2016
18 DEPARTMENT OF JUSTICE; and
DOES 1 through 50,
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Defendant,
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22 Defendant, the California Department of Justice (the "Department" or "Defendant") hereby
23 answers the Complaint for Unlawful Employment Retaliation, Discrimination, and Damages (the
24 "Complaint") filed by plaintiff Danielle Hartley ("Plaintiff) as follows: .
25 GENERAL DENIAL
26 Pursuant to section 431.30 of the Califomia Code of Civil Procedure, Defendant denies
27 generally and specifically each and every allegation contained in the Complaint. Defendant
CD 28 further denies generally and specifically that plaintiff has been damaged in any sum, or at all, by
CC 1
O Defendant DOJ's Answer to Complaint (34-2016-00205613)
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1 reason of any act or omission on the part of Defendant or its agents, representatives, and/or
2 employees.
3 ADDITIONAL DEFENSES
4 Defendant asserts the following separate additional defenses to the Complaint. Defendant
5 cannot fully anticipate all defenses that may be applicable to the action. Accordingly, Defendant
6 reserves the right to amend this Answer to assert additional defenses, to the extent that such
7 defenses are applicable and appropriate, after further discovery is conducted.
8 FIRST DEFENSE
9 1. Defendant's disability claims are barred in whole or in part because the
10 accommodations requested by plaintiff would impose an undue hardship on defendant.
11 SECOND DEFENSE
12 2. The Complaint, and each cause or action therein, is barred in whole or in part, by the
-13 applicable statute of limitations, including but not limited to California Government Code
14 sections 12960 and 12965.
15 TfflRD DEFENSE
16 3. The Complaint, and each cause of action therein, is barred in whole or in part,
17 because plaintiff failed to timely exhaust her administrative and/or judicial remedies including but
18 not limited to all remedies provided by Government Code sections 12960 and 900 et seq.
19 FOURTH DEFENSE
20 4. The Complaint, and each cause of action therein, is barred in whole or in part by
21 virtue of Plaintiff s imclean hands in cormection with the events described in the Complaint.
22 FIFTH DEFENSE
23 5. To the extent that Plaintiff has committed wrongdoing that is discovered after the
24 filing of this action, Plaintiffs recovery is either barred or reduced thereby pursuant to the after-
26 SIXTH DEFENSE
27 6. The Complaint is barred, in whole or in part, by virtue of the doctrine of avoidable
28 consequences.
3 reasonable diligence and effort, would have and could have completely avoided or mitigated the
4 damages alleged in the Complaint, if indeed there are any. The resultant damages, if any,
5 complained of were directly and proximately caused by the failure, neglect, and refusal of
6 Plaintiff to exercise reasonable diligence and effort to mitigate the damages alleged. If Plaintiff is
7 entitled to any recovery, such recovery must be reduced by the amount attributable to Plaintiffs
8 failure to mitigate damages and avoid the consequences of the alleged harm.
9 EIGHTH DEFENSE
10 8. If Plaintiff is entitled to any recovery, such recovery must be reduced by the amount
11 Plaintiff received from any collateral or alternative sources, and Defendant shall be entitled to a
'12 set-off in the amounts of any prior, pending or ongoing recoveries for the same injuries or
-13 damages alleged in this action, and is entitled to reimbursement pursuant to Government Code
14 section 985.
15 NINTH DEFENSE
16 9. Defendant is unmune from liability pursuant to sections 815 et seq. of the
17 Govemment Code, including, but not limited to, sections 815,815.2, 815.6, 818, 818.2, 818.8,
18 820.2, 820.4, 820.8, and 822.2. In addition. Defendant has complete immunity and/or qualified
19 immunity because its agents, representatives, and employees were acting within the scope of their
21 TENTH DEFENSE
22 10. Plaintiffs disability claims are barred, in whole or in part, because plaintiff could not
23 perform the essential functions of her job with or without a reasonable accommodation.
24 ELEVENTH DEFENSE
25 11. Plaintiffs disability claims are barred, in whole or in part, because the decisions
26 about which plaintiff complains were motivated by a bona fide occupational qualification.
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3
Defendant DOJ's Answer to Complaint (34-2016-00205613)
1 TWELFTH DEFENSE
2, 12. The Complaint is barred, in whole or in part, by virtue of the equitable doctrine of
3 estoppel.
4 THIRTEENTH DEFENSE
5 13. The Complaint is barred, in whole or in part, by virtue of the equitable doctrine of
6 laches.
7 FOURTEENTH DEFENSE
8 14. The Complaint is barred, in whole or in part, as Plaintiff has waived her right to bring
9 one or more of the claims set forth therein.
10 FIFTEENTH DEFENSE
11 15. The Complaint is barred, in whole or in part, as the issues or claims raised in the
13 SIXTEENTH DEFENSE
14 16. The Complaint is barred, in whole or in part, because Defendant's actions about
15 which Plaintiff complains were legally justified and privileged pursuant to Civil Code section
16 47(c) or other applicable provision of law.
17 SEVENTEENTH DEFENSE
18 17. Plaintiffs claims are barred, in whole or in part, because at all relevant times to the
19 Complaint, Defendant took reasonable steps to prevent and correct workplace harassment, by,
20 among other things, instituting procedures for workplace harassment and training Plaintiff on
21 those procedures. Despite Plaintiffs knowledge and awareness ofthe procedures, Plaintiff
22 unreasonably failed to utilize the procedures during the period of time, and after, the alleged
23 harassment or discrimination was occurring. Had Plaintiff taken reasonable effort to utilize these
24 procedures Plaintiffs alleged harm, injury or damages would have been avoided, in whole or in
25 part. Plaintiff is not entitled to any recovery which could have been avoided through Plaintiffs
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Defendant DOJ's Answer to Complaint (34-2016-00205613)
1 EIGHTEENTH DEFENSE
2 18. Plaintiffs claims for Failure to Prevent Discrimination, Harassment and Retaliation is
3 barred because no private right of action for failure to prevent exists under the law.
4 NINETEENTH DEFENSE
5 19. Defendant is presently unaware of facts which may justify additional defenses and the
6 Defendant reserves the right to amend this Answer to assert such additional defenses after the
8 TWENTIETH DEFENSE
9 20. Plaintiffs claims are barred, in whole or in part, because the Department had
10 legitimate business reasons for the actions about which Plaintiff complains.
11 TWENTY-FIRST DEFENSE
12 21. The Department reserves the right to amend this answer to assert inadvertently
13 omitted defenses or defenses supported by newly discovered facts or law during the litigation.
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15 Dated: January , 2017 Respectfully Submitted,
16 XAVIER BECERRA
Attorney General of California
17 CHRIS A. KNUDSEN
Senior Assistant Attorney General
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21 PETER D . HALLORAN
Supervising Deputy Attorney General
22 Attorneys for Defendant
State of California, Department of Justice
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SA2017105076
24 12566053.doc
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I declare:
I am employed in the Office of the Attomey General, which is the office of a member of the
Califomia State Bar, at which member's direction this service is made. I am 18 years of age or
older and not a party to this matter. I am farniliar with the business practice at the Office of the
Attomey General for collection and processing of correspondence for mailing with the United
States Postal Service. In accordance with that practice, correspondence placed in the intemal
mail collection system at the Office of the Attomey General is deposited with the United States
Postal Service with postage, thereon fully prepaid that same day in the ordinary coiu-se of
business.
JillP. Telfer
Law Offices of Jill P. Telfer
331 J Street, Suite 200
Sacramento, CA 95814
Attorney for Plaintiff
I declare tmder penalty of perjury under the laws of the State ofCalifomia the foregoing is tme
and correct and that this declaration was executed on January 30, 2017, at Sacramento,
Califomia.
Marianne Baschiera
Declarant Signature
SA2017105076
12572007.doe
CIVIL DROP BOX
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GOSSC COURTHOUSE
• SUPERIOR GOURT
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