You are on page 1of 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

PATRICIA A. KINAGA, SBN 126845 JEANETTE KANG, SBN 243237 KINAGA LAW FIRM 617 South Olive Street, Suite 1210 Los Angeles, CA 90014 Tel: 213.623.8588 Fax: 213.623.8788 pkinaga@kinagalawfirm.com jkang@kinagalawfirm.com Attorneys for Defendants CAROLYN COSTIN; MONTE NIDO RESIDENTIAL CENTER, INC.; AND MONTE NIDO LAKE VISTA, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES SANTA MONICA COURTHOUSE John Doe, an individual, Plaintiff, v. Carolyn Costin, an individual; Monte Nido Residential Center, Inc., a California corporation; Monte Nido Lake Vista, LLC, a California limited liability company; and Does 1-10, inclusive Defendants. CASE NO. SC 109466 DEFENDANTS ANSWER TO PLAINTIFFS UNVERIFIED COMPLAINT FOR DAMAGES AND PRELIMINARY AND 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. 1
DEFENDANTS ANSWER TO PLAINTIFFS UNVERIFIED COMPLAINT FOR DAMAGES AND PRELIMINARY AND PERMANENT INJUNCTION

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

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)

25 26

Plaintiffs entitlement to recovery is barred to the extent that Defendants actions are permitted under other laws.

27 /// 28 2
DEFENDANTS ANSWER TO PLAINTIFFS UNVERIFIED COMPLAINT FOR DAMAGES AND PRELIMINARY AND PERMANENT INJUNCTION

1 2 3 4 5 6 7

/// 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)

8 9

Plaintiffs entitlement to any injunction is barred to the extent that Plaintiff has no reasonable probability of success to prevail on the merits.

10 NINTH DEFENSE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// /// /// /// 3


DEFENDANTS ANSWER TO PLAINTIFFS UNVERIFIED COMPLAINT FOR DAMAGES AND PRELIMINARY AND PERMANENT INJUNCTION

(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

You might also like