ProtectMarriage.com - Yes on 8, a Project of California Renewal et al v. Bowen et al

Filing 178

ANSWER to THIRD AMENDED COMPLAINT and Demand for Jury Trial by defendant Jan Scully.(Cassidy, Terence) Modified on 6/16/2009 (Marciel, M).

ProtectMarriage.com - Yes on 8, a Project of California Renewal et al v. Bowen et al Doc. 178 PORTER SCOTT A PROFESSIONAL CORPORA nON 2 Terence J. Cassidy, SBN 99180 Kristina M. Hall, SBN 196794 3 350 University Ave., Suite 200 Sacramento, California 95825 4 TEL: 916.929.1481 FAX: 916.927.3706 5 Attorneys for Defendant JAN SCULLY, in her official capacity 6 7 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA Case No. 2:09-CV-00058-MCE-DAD DEFENDANT JAN SCULLY'S ANSWER 9 PROTECTMARRAGE.COM - YES ON 8, A 10 PROJECT OF CALIFORNIA RENEWAL; NATIONAL ORGANIZATION FOR 11 MARRAGE CALIFORNIA - YES ON 8, 12 ORGANIZATION SPONSORED BY NATIONAL AN DEMAN FOR JUy TRIAL TO THIRD AMENDED COMPLAINT FOR MARRAGE, JOHN DOE #1, an individual and as representative 13 of the CLASS OF MAJOR DONORS, 14 Plaintiffs, 15 vs. 1611 DEBRA BOWEN, Secretary of State for the State of California, in her offcial capacity; 17 i EDMUi'\D G. BROWN, JR., Attorney 18 offcial capacity; DEAN C. LOGAN, Registrar-Recorder of Los Angeles County, 19 California, in his official capacity; i General for the State of California, in his DEPARTMENT OF ELECTIONS - CITY 20 AND JAN FRANCISCO; OF SAN COUNTY SCULL Y, District Attorney for Sacramento 21 County, California in her offcial capacity and as a representative of the Class of District California; DENNIS J. HERRRA, City Attorney for the City and 23 County of San Francisco, California, in his the official capacity and as a representative of Elected City Attorneys in the State of 24 Class of California; ROSS JOHNSON, TIMOTHY 22 Attorneys in the State of 25 HODSON, EUGENE HUGUENIN, JR., ROBERT LEIDIGH and RA Y REMY, 26 members of the California Fair Political 27 capacities, 28 Practices Commision, in their offcial Defendants. / 1 DEFENDANT JAN SCULLY'S ANSWER TO SECOND AMENDED COMPLAINT AND DEMAND FOR JUY TRIL wwwporlerscol/com 00691199.wPD Dockets.Justia.com 1 Defendant JAN SCULLY, in her official capacity as District Attorney for the County 2 of Sacramento, hereby answers Plaintiffs' Third Amended Complaint as follows: 3 INTRODUCTION 1. 4 Answering paragraphs 1, 2, 3 and 4, this answering Defendant contends that 5 said paragraphs contain conclusions of law and not averments of fact to which an answer 6 may be required, but insofar as an answer may be deemed required, this answering Defendant 7 generally and specifically denies each and every allegation in said paragraphs. 8L 2. i 9 JURISDICTION AN VENUE 10 Answering paragraphs 5, 6 and 7, this answering Defendant contends that said 11 paragraphs contain conclusions oflaw and not averments of fact to which an answer may be 12 required, but insofar as an answer may be deemed required, this answering Defendant 14PARTIES II. 15 17 ¡I 13 generally and specifically denies each and every allegation in said paragraphs. 16 I 3. Answering paragraphs 8, 9, 10, 11, 12, 13 and 14, this answeïÎng Defendant I lacks sufficient information or knowledge to enable her to answer the allegations contained I 18 in said paragraph, and basing her denial on that ground, generally and specifically denies I 19 each and every allegation contained in said paragraphs. 4. Answering paragraph 15, this answering Defendant admits that Debra Bowen is the Secretary of State of 20 21 California. Answering the remaining allegations contained in said 22 23 paragraph, this answering Defendant contends that said paragraph contains conclusions of law and not averments of fact to which an answer may be required, but insofar as an answer 24 25 may be deemed required, this answering Defendant generally and specifically denies each and every remaining allegation in said paragraph. 5. Answering Paragraph 16, this answering Defendant admits that Edmund 26 27 28 PORTER s ç 0 TT Brown, Jr., is the Attorney General of California. Answering the remaining allegations contained in said paragraph, this answering Defendant contends that said paragraph contains 2 DEFENDANT JAN SCULLY'S ANSWER TO SECOND AMENDED COMPLAINT AND DEMAND FOR JURY TRIL wwwporlerscoll,çom 0069\ \99.WPD 1 conclusions oflaw and not averments offact to which an answer may be required, but insofar 2 as an answer may be deemed required, this answering Defendant generally and specifically 3 denies each and every remaining allegation in said paragraph. 4 6. Answering Paragraphs 17 and 18, this answering Defendant lacks sufficient 5 information or knowledge to enable her to answer the allegations contained in said 6 paragraphs, and basing her denial on that ground, generally and specifically denies each and 7 every allegation contained in said paragraphs. 8 7. Answering paragraph 19, this answering Defendant admits that she is the duly 9 elected District Attorney for Sacramento County, California. Answering the remaining 10 allegations contained in said paragraph, this answering Defendant contends that said 11 paragraph contains conclusions oflaw and not averments of fact to which an answer may be 12 required, but insofar as an answer may be deemed required, this answering Defendant 13 I generally and specifically denies each and every allegation in said paragraph. 14 8. Answering paragraphs 20 and 21, this answering Defendant lacks suffcient 15 information or knowledge to enable her to answer the allegations contained in said 16 paragraphs, and basing her denial on that ground, generally and specifically denies each and i 1 Î II every aìlegation contained in said paragraphs. In addition, Defendant contends that said 18 II paragraphs contain conclusions of law and not averments or fact to which an answer may be 19 required, but insofar as an answer may be deemed required, this answering Defendant 20 generally and specifically denies each and every allegation in said paragraphs. 21 III. 23 22 CLASS ACTION ALLEGATIONS 9. Answering paragraphs 22 and 23, Defendant contends that said paragraphs 24 contain conclusions of law and not averments of fact to which an answer may be required, 25 but insofar as an answer may be deemed required, this answering Defendant generally and 26 specifically denies each and every allegation in said paragraphs. 27 III 28 III PORTER SÇOTT 3 DEFENDANT JAN SCULLY'S ANSWER TO SECOND AMENDED COMPLAINT AND DEMAND FOR JUy TRIAL www.porlerscoll.com 0069 II 99.WPD 1 IV. 2 3 FACTS 10. Answering paragraphs 24, 25, 26, 27 and 28, this answering Defendant lacks 4 sufficient information or knowledge to enable her to answer the remaining allegations 5 contained in said paragraphs, and basing her denial on that ground, generally and specifically 6 denies each and every allegation contained in said paragraphs. 7 11. Answering paragraphs 29,30,31,32,33,34 and 35, this answering Defendant 8 lacks sufficient information or knowledge to enable her to answer the allegations contained 9 in said paragraphs, and basing her denial on that ground, generally and specifically denies 10 each and every allegation contained in said paragraphs. In addition, Defendant contends that 11 said paragraphs contain conclusions of law and not averments of fact to which an answer 12 may be required, but insofar as an answer may be deemed required, this answering Defendant 13 generally and specifically denies each and every allegation in said paragraphs. 14 12. Answering paragraphs 36, 37, 38, 39,40,41,42,43,44,45,46,47 and 48, this 15 answering Defendant lacks sufficient information or knowledge to enable her to answer the i 6 II aUegations contained in said paragraphs, and basing her denial on that ground, genemlly and 17 II specificalìy denies each and every allegation contained in said pamgraphs. 18 II 13. Answering paragraphs 49,50, 5l, 52, 53, 54, 55, 56, 57, 58, 59, 60,61,62,63, 19 64, 65, this answering Defendant contends that said paragraphs contain conclusions of law 20 and not averments of fact to which an answer may be required, but insofar as an answer may 21 be deemed required, this answering Defendant generally and specifically denies each and 22 every allegation in said paragraphs. 23COUNT v. 24 0069 II 99. WPD 1 4 25 14. Answering paragraph 66, this answering Defendant incorporates by reference 26 her responses to paragraphs 1 through 65 as though fully restated herein. 27 15. Answering paragraphs 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77 and 78 28 (including footnotes), this answering Defendant contends that said paragraphs contain PORTER SCOTT DEFENDANT JAN SCULLY'S ANSWER TO SECOND AMENDED COMPLAINT AND DEMAND FOR JlJRY TRIAL wwwporterscoll.çom 1 conclusions oflaw and not averments of fact to which an answer may be required, but insofar 2 as an answer may be deemed required, this answering Defendant generally and specifically 3 denies each and every allegation in said paragraphs. 4 16. Answering paragraphs 79, 80, 81, 82, 83, 84 and 85, this answering Defendant 5 lacks sufficient information or knowledge to enable her to answer the allegations contained 6 in said paragraphs, and basing her denial on that ground, generally and specifically denies 7 each and every allegation contained in said paragraphs. In addition, Defendant contends that 8 said paragraphs contain conclusions of law and not averments of fact to which an answer 9 may be required, but insofar as an answer may be deemed required, this answering Defendant 11 Prayer for Relief 12 17. Answering paragraph 86 and its subparagraphs of 10 generally and specifically denies each and every allegation in said paragraphs. Plaintiffs ' Prayer for Relief, 13 this answering Defendant contends that said paragraphs do not contain averments of fact t 14 which an answer may be required, but insofar as an answer may be deemed required, î6 VI. 171 18 I COUNT 15 Defendant generally and specifically denies each and every allegation in said paragraphs. 2 18. Answering paragraph 87, this answering Defendant incorporates by reference 19 her responses to paragraphs 1 through 86 as though fully restated herein. 20 19. Answering paragraphs 88, 89, 90, 91,92, 93, 94, 95, 96, 97 and 98, this 21 answering Defendant lacks sufficient information or knowledge to enable her to answer the 22 allegations contained in said paragraphs, and basing her denial on that ground, generally and 23 specifically denies each and every allegation contained in said paragraphs. In addition, 24 Defendant contends that said paragraphs contain conclusions of law and not averments of 25 fact to which an answer may be required, but insofar as an answer may be deemed required, 26 this answering Defendant generally and specifically denies each and every allegation in said 27 paragraphs. 28 11/ PORTER SCOTT 5 DEFENDANT JAN SCULLY'S ANSWER TO SECOND AMENDED COMPLAINT AND DEMAND FOR JUY TRIL www.poriersco/l.com 00691199.WPD 1 Prayer for Relief paragraph 99 and its subparagraphs of 2 20. Answering Plaintiffs' Prayer for Relief, 3 this answering Defendant contends that said paragraphs do not contain averments of fact t 4 which an answer may be required, but insofar as an answer may be deemed required, 6 VII. 7 COUNT 5 Defendant generally and specifically denies each and every allegation in said paragraphs. 3 8 21. Answering paragraph 100, this answering Defendant incorporates by reference 9 her responses to paragraphs 1 through 99 as though fully restated herein. 10 22. Answering paragraphs 101, 102, 103, 104, 105, 106, 107, 108, 109 and 110, 11 this answering Defendant contends that said paragraphs contain conclusions of law and not 12 averments of fact to which an answer may be required, but insofar as an answer may be 13 deemed required, this answering Defendant generally and specifically denies each and every 14 allegation in said paragraphs. 15 Prayer for Relief 16 23. Answering paragraph 111 and its subparagraphs of Plaintiff s Pmyeï fm Reli f, 17 I. this answering Defendant contends that said païagraphs do not contain avennents of fact t 18 II which an answer may be required, but insofar as an answer may be deemed required, 19 Defendant generally and specifically denies each and every allegation in said paragraphs. 20 21 VIII. COUNT 4 22 23 24. Answering paragraph 112, this answering Defendant incorporates by reference her responses to paragraphs 1 through 11 1 as though fully restated herein. 25. Answering 24 25 paragraphs 113, 114, 115, 116, 117, 118, 119, 120, 121,122 and 123, this answering Defendant lacks sufficient information or knowledge to enable her to answer the allegations contained in said paragraphs, and basing her denial on that ground, generally and specifically denies each and every allegation contained in said paragraphs. In 26 27 28 PORTER SC OTT addition, Defendant contends that said paragraphs contain conclusions of law and not 6 DEFENDANT JAN SCULLY'S ANSWER TO SECOND AMENDED COMPLAINT AND DEMAND FOR JUY TRIL www.porierscot/com 00691199.WPD 1 averments of fact to which an answer may be required, but insofar as an answer may be 2 deemed required, this answering Defendant generally and specifically denies each and every 3 allegation in said paragraphs. 4 Prayer for Relief 5 26. Answering paragraph 124 and its subparagraphs of Plaintiffs' Prayer for Relief, 6 this answering Defendant contends that said paragraphs do not contain averments of fact t 7 which an answer may be required, but insofar as an answer may be deemed required, 8 Defendant generally and specifically denies each and every allegation in said paragraphs. 9 AFFIRATIVE DEFENSES 10 FIRST AFFIRMTIV DEFENSE 11 The Complaint fails to state facts sufficient to constitute claims upon which relief can 12 be granted against this answering Defendant. 13 SECOND AFFIRATIVE DEFENSE 14 Plaintiffs' demand to enjoin this answering Defendant is barred, as Plaintiffs have 15 suffered neither harm nor irreparable harm as a result of any ofthis Defendant's actions, and 16 Plaintiffs have an adequate remedy at law. 17 18 ¡i 19 are moot. I Plaintiffs' claims against THIR AFFIRATIV DEFENSE i this answering Defendant are not ripe for adjudication and/1r 20 21 FOURTH AFFIRATIV DEFENSE Plaintiffs' claims against this answering Defendant are barred by the doctrine of abstention. 22 23 FIFTH AFFIRMTIVE DEFENSE This matter is not an appropriate class action and Defendant is not a class 24 25 representative and therefore any judgment cannot bind any other purported part other than 26 Defendant. 27 SIXTH AFFIRATIVE DEFENSE 28 Defendant is mandated by statute to enforce the codified laws of the State of PORTER SCOTT 7 DEFENDANT JAN SCULLY'S ANSWER TO SECOND AMENDED COMPLAINT AND DEMAND FOR JURY TRIL wwwporlerscOlIcom 00691199.WPD 1 California and therefore this action against her is without basis in law. 2 SEVENTH AFFIRATIVE DEFENSE 3 Plaintiffs' claims and each of them are barred on the grounds that Plaintiffs lack any 4 remedy and therefore the Court lacks jurisdiction over any such claims. 5 WHEREFORE, Defendant JAN SCULLY prays for judgment as follows: 6 7 8 1. That Plaintiffs' action be dismissed; That Plaintiffs take nothing by way of their Complaint; 2. 3. That Defendant be awarded her costs of suit, including attorney fees; and, For such other relief as the Court deems proper. 9 10 11 4. Respectfully submitted, 12 Dated: June 15,2009 13 PORTER SCOTT A PROFESSIONAL CORPORATION By 14 15 Is/Terence 1. Cassidy Terence 1. Cassidy Attorney for Defendant 16 1711 ï JAN SCULL Y, District Attorney for Sacramento County, California in her official capacity 18 DEMAD FOR JURY TRI Defendant JAN SCULLY hereby demands a trial by jury in the above-entitled action 19 20 as provided by the Seventh Amendment to the United States Constitution and Rule 38 of the 21 Federal Rules of Civil Procedure. 22 Respectfully submitted, 23 Dated: June 15, 2009 24 25 PORTER SCOTT A PROFESSIONAL CORPORA nON By IslTerence J. Cassidy Terence 1. Cassidy 26 27 28 8 Attorney for Defendant official capacity JAN SCULLY, District Attorney for Sacramento County, California in her DEFENDANT JAN SCULLY'S ANSWER TO SECOND AMENDED COMPLAINT AND DEMAND FOR JUy TRIAL wwwporiersco!/com 0069 II 99.wPD