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: [phone]

FAX: [phone]
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.

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DEFENDANT JAN SCULLY'S ANSWER TO SECOND AMENDED COMPLAINT AND DEMAND FOR JUY TRIL
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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
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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

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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
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DEFENDANT JAN SCULLY'S ANSWER TO SECOND AMENDED COMPLAINT AND DEMAND FOR JUy TRIAL
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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
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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
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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

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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

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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

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FOURTH AFFIRATIV DEFENSE

Plaintiffs' claims against this answering Defendant are barred by the doctrine of
abstention.

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FIFTH AFFIRMTIVE DEFENSE
This matter is not an appropriate class action and Defendant is not a class

24
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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

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DEFENDANT JAN SCULLY'S ANSWER TO SECOND AMENDED COMPLAINT AND DEMAND FOR JURY TRIL
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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:
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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

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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
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PORTER SCOTT
A PROFESSIONAL CORPORA nON

By

IslTerence J. Cassidy
Terence 1. Cassidy

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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
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