Grant v. Kamehameha Schools/Bernice Pauahi Bishop Estate et al

Filing 12

ANSWER to COMPLAINT by Jane Doe, John Doe.(Stein, Jerry)

Grant v. Kamehameha Schools/Bernice Pauahi Bishop Estate et al

Doc. 12

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

JERRY H. STEIN (State Bar No. 78309) LEVIN & STEIN 28494 Westinghouse Place, Suite 201 Valencia, California 91355 Telephone: [phone] Facsimile: [phone] Email: [e-mail] KEN T. KUNIYUKI KUNIYUKI & CHANG Suite 2660, Pauahi Tower 1003 Bishop Street Honolulu, HI 96813-3429 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendants and Counter-Claimants JOHN DOE and JANE DOE

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ERIC GRANT, ) ) Plaintiff, ) v. ) KAMEHAMEHA SCHOOLS/BERNICE ) PAUAHI BISHOP ESTATE; J. DOUGLAS ING, ) NAINOA THOMPSON, DIANE J. PLOTTS, ) ROBERT K.U. KIHUNE, and CORBETT A.K ) KALAMA, in their capacities as Trustees of the ) Kamehameha Schools/ Bernice Pauahi Bishop ) Estate; JOHN DOE; and JANE DOE, ) ) Defendants. ) ) CASE NO.:08-00672 FCD-KSM ANSWER TO COMPLAINT DECLARATORY RELIEF DEMAND FOR JURY TRIAL FOR

JOHN DOE ND JANE DOE (collectively the "Does"), for themselves and themselves alone answer 22 the Complaint for Declaratory Relief (the "Complaint") as follows: 23 ANSWER TO FIRST CLAIM FOR RELIEF 24 1. 25 2. 26 settlement agreement between themselves and Plaintiff Eric Grant ("Grant") is the best evidence of the 27 parties' agreement. Except as alleged herein, the Does deny generally and specifically each and every 28 1
M O T I O N FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION

The Does admit the allegations of Paragraphs 1 through 19, inclusive of the Complaint. Answering Paragraph 20 of the Complaint, the Does allege that the terms of the written

Dockets.Justia.com

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

allegation of Paragraph 20 of the Complaint. 3. 4. The Does admit the allegations of Paragraphs 21 through 27, inclusive of the Complaint. The Does have no information or belief sufficient to anser the allegation of Paragraph 28 of

the Complaint and on that basis deny generally and specifically each and every allegation of Paragraph 28 of the Complaint. 5. The Does have no information or belief sufficient to anser the allegation of Paragraph 29 of

the Complaint and on that basis deny generally and specifically each and every allegation of Paragraph 29 of the Complaint. 6. The Does admit the allegations of Paragraphs 30 through 34, inclusive of the Complaint. AFFIRMATIVE DEFENSES 7. The Does allege that they are not liable to Defendants KAMEHAMEHA

SCHOOLS/BERNICE PAUAHI BISHOP ESTATE (the "Estate") for any disclosures made by John Goemans of the terms of the settlement agreement between the Does and the Estate. The Does allege further that any disclosures made by John Goemans of the terms of the settlement between the Does and the Estate do not constitute a breach of that Agreement. However, regardless of whether there has been an actual breach of the terms of the settlement agreement between the Does and the Estate, based upon the allegations of the Complaint, pursuant to the terms of the settlement agreement between the Does and Grant, Grant has an obligation to pay for the first $100,000 of the defense of the Estate's claims against the Does. WHEREFORE, the DOES pray for judgment as follows: 1. For a Declaration that the Does did not breach the terms of the settlement agreement between

the Does and the Estate; 2. For a Declaration that if the Does did breach the terms of the settlement agreement between

the Does and the Estate, Grant has a duty to defend and indemnify the Does if the breach resulted in whole, or in part, from Grant's conduct; 3. For a Declaration that even if the Does did not breach the terms of the settlement agreement

between the Does and the Estate, pursuant to the terms of the settlement agreement between the Does and Grant, Grant has an obligation to pay for the first $100,000 of the defense of the Estate's claims against the

2
M O T I O N FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY 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 25 26 27 28

Does. 4. Grant only); 5. 6 For costs of suit herein; and For such other and further relief as the Court may deem proper. DEMAND FOR JURY TRIAL Pursuant to Federal Rule of Civil Procedure 38(b), the Does hereby demands a jury trial of all issues triable of right by a jury. DATED: April 1, 2008 LEVIN & STEIN By: /s/ Jerry H. Stein JERRY H. STEIN Attorneys for Defendants and Counter-Claimants JOHN DOE and JANE DOE For all reasonable costs, expenses, attorneys' fees incurred as a result of this action (from

3
M O T I O N FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION