Arnold v. County of Sacramento et al
Filing
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ANSWER to 7 Amended Complaint with Jury Demand by Sacramento Public Library Authority. Attorney Goulding, Lindsay Alida added.(Goulding, Lindsay)
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A PROFESSIONAL CORPORATION
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Lindsay A. Goulding, SBN 227195
Kevin M. Kreutz, SBN 264654
350 University Ave., Suite 200
Sacramento, California 95825
TEL: 916.929.1481
FAX: 916.927.3706
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Attorneys for Defendant
SACRAMENTO PUBLIC LIBRARY AUTHORITY
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CONNIE ARNOLD
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Case No. 2:12-CV-01998-LKK-EFB
Plaintiff,
v.
ANSWER TO COMPLAINT; DEMAND
FOR JURY TRIAL
COUNTY OF SACRAMENTO;
SACRAMENTO PUBLIC LIBRARY
AUTHORITY; SUNRISE RECREATION &
PARK DISTRICT; and DOES 1 through 50,
inclusive,
Complaint Filed:
First Amended:
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July 31, 2012
August 27, 2012
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Defendants.
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/
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Defendant SACRAMENTO PUBLIC LIBRARY AUTHORITY (“LIBRARY”) answers the
amended complaint on file in this action as follows:
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Defendant LIBRARY reserves the right to raise additional affirmative defenses and/or submit
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such at trial, which are subsequently discovered through the discovery process. Defendant
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LIBRARY denies any allegations of the Complaint not specifically admitted herein.
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I.
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INTRODUCTION
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1.
Answering paragraph 1, Defendant LIBRARY admits the Americans With
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Disabilities Act (“ADA”) was enacted in 1990. Answering the remaining allegations contained in
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paragraph 1, Defendant LIBRARY contends the remaining allegations do not constitute averments
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of fact to which an answer may be required, but insofar as an answer may be deemed required, this
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PORTER * SCOTT
ATTORNEYS
3 5 0 U N I V E R S I T Y A V E ., S U I T E 2 0 0
SAC RAM EN T O , C A 95825
T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6
www.porterscott.com
01060202.WPD
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ANSW ER TO COM PLAINT;
DEM AND FOR JURY TRIAL
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answering Defendant generally and specifically denies each and every remaining allegation contained
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in said paragraph.
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2.
Answering paragraph 2, Defendant LIBRARY admits Title II of the ADA applies to
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public facilities. Defendant lacks information and knowledge sufficient to answer the allegation that
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Title II of the ADA applies, without qualification or definition, to “Sylvan Oaks Public Library” or
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“Crosswoods Park”, and basing its denial on this ground, denies. Defendant LIBRARY generally
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and specifically denies each and every remaining allegation contained in paragraph 2.
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3.
Answering paragraph 3, Defendant LIBRARY generally and specifically denies each
and every allegation contained in paragraph 3, and on that basis, denies paragraph 3 in its entirety.
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II.
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JURISDICTION AND VENUE
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4.
Answering paragraphs 4 and 5, Defendant LIBRARY contends that said paragraphs
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contain conclusions of law and not averments of fact to which an answer may be required, but
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insofar as an answer may be deemed required, Defendant LIBRARY generally and specifically
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denies each and every allegation contained in said paragraphs.
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III.
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PARTIES
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5.
Answering paragraphs 6 and 7, Defendant LIBRARY lacks information and
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knowledge sufficient to answer the allegations in paragraphs 6 and 7, and basing its denial on this
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ground, denies each and every allegation thereof.
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6.
Answering paragraph 8, Defendant LIBRARY admits that the County of Sacramento
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and the cities of Citrus Heights, Elk Grove and Sacramento are member entities of the LIBRARY.
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Defendant LIBRARY further admits the LIBRARY website states “[t]he purpose of the Sacramento
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Public Library Authority is to provide public library services that provide open access to diverse
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resources and ideas that inspire learning, promote reading and enhance community life to all citizens
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in our member jurisdictions.” Defendant LIBRARY generally and specifically denies each and every
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remaining allegation contained in paragraph 8.
PORTER * SCOTT
ATTORNEYS
3 5 0 U N I V E R S I T Y A V E ., S U I T E 2 0 0
SAC RAM EN T O , C A 95825
T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6
www.porterscott.com
01060202.WPD
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ANSW ER TO COM PLAINT;
DEM AND FOR JURY TRIAL
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7.
Answering paragraph 9, Defendant LIBRARY admits it is a Joint Powers Authority
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with the power to exercise jointly the common powers of its member entities, and that its member
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entities have the power to study, plan for, develop, finance, acquire, construct, maintain, repair,
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manage, operate and control public library facilities.
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specifically denies each and every remaining allegation contained in paragraph 9.
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8.
Defendant LIBRARY generally and
Answering paragraph 10, Defendant LIBRARY lacks information and knowledge
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sufficient to answer the allegations in paragraph 10, and basing its denial on this ground, denies each
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and every allegation thereof.
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9.
Answering paragraph 11, Defendant LIBRARY admits it is a Joint Powers Authority
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with the power to exercise jointly the common powers of its member entities, and that its member
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entities have the power to study, plan for, develop, finance, acquire, construct, maintain, repair,
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manage, operate and control public library facilities.
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specifically denies each and every remaining allegation contained in paragraph 11.
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10.
Defendant LIBRARY generally and
Answering paragraph 12, Defendant LIBRARY generally and specifically denies each
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and every allegation contained in paragraph 12, and on that basis, denies paragraph 12 in its entirety.
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IV.
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GOVERNMENT CLAIM
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11.
Answering paragraphs 13, 14 and 15, Defendant LIBRARY contends that said
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paragraphs do not constitute averments of fact to which an answer may be required, but insofar as
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an answer may be deemed required, this answering Defendant generally and specifically denies each
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and every allegation contained in said paragraphs. Additionally, Defendant LIBRARY lacks
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information and knowledge sufficient to answer the allegations in paragraphs 13, 14 and 15, and
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basing its denial on this additional ground, denies each and every allegation thereof.
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V.
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FACTS UPON WHICH ALL CLAIMS ARE BASED
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12.
Answering paragraphs 16, 17 and 18, Defendant LIBRARY contends that said
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paragraphs do not constitute averments of fact to which an answer may be required, but insofar as
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an answer may be deemed required, this answering Defendant generally and specifically denies each
PORTER * SCOTT
ATTORNEYS
3 5 0 U N I V E R S I T Y A V E ., S U I T E 2 0 0
SAC RAM EN T O , C A 95825
T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6
www.porterscott.com
01060202.WPD
3
ANSW ER TO COM PLAINT;
DEM AND FOR JURY TRIAL
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and every allegation contained in said paragraphs. Additionally, Defendant LIBRARY lacks
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information and knowledge sufficient to answer the allegations in paragraphs 16, 17 and 18, and
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basing its denial on this additional ground, denies each and every allegation thereof. Additionally,
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Defendant LIBRARY generally and specifically denies the allegation contained in paragraph 18 that
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“designated accessible parking spaces in the parking lot do not provide the required access and do
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not comply with minimum accessibility standards for accessible parking spaces.”
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13.
Answering paragraph 19, Defendant LIBRARY generally and specifically denies each
and every allegation contained in paragraph 19, and on that basis, denies paragraph 19 in its entirety.
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14.
Answering paragraph 20, Defendant LIBRARY lacks information and knowledge
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sufficient to answer the allegations in paragraph 20 that “Plaintiff found that it was difficult to park
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her van in the parking lot and use her wheelchair to reach the Park areas and Library’s entrances”,
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and basing its denial on this ground, generally and specifically denies said allegations. Additionally,
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Defendant LIBRARY generally and specifically denies the allegation that such difficulty was “due
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to a lack of safe pedestrian paths of travel.” Defendant LIBRARY also generally and specifically
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denies the allegation contained in paragraph 20 that “[t]hese barriers place Plaintiff and similarly
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disabled persons at risk of physical injury, require [sic] her to navigate her wheelchair in parking
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areas around and behind vehicles.” Defendant LIBRARY generally and specifically denies each and
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every remaining allegation contained in paragraph 20.
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15.
Answering paragraphs 21, 22, 23, 24, 25 and 26, Defendant LIBRARY generally and
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specifically denies each and every allegation contained in paragraphs 21, 22, 23, 24, 25 and 26, and
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on that basis, denies paragraphs 21, 22, 23, 24, 25 and 26 in their entirety.
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16.
Answering paragraph 27, Defendant LIBRARY lacks information and knowledge
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sufficient to answer the allegations in paragraph 27, and basing its denial on this ground, denies each
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and every allegation thereof.
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17.
Answering paragraphs 28, 29 and 30, Defendant LIBRARY generally and specifically
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denies each and every allegation contained in paragraphs 28, 29 and 30, and on that basis, denies
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paragraphs 28, 29 and 30 in their entirety.
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PORTER * SCOTT
ATTORNEYS
3 5 0 U N I V E R S I T Y A V E ., S U I T E 2 0 0
SAC RAM EN T O , C A 95825
T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6
www.porterscott.com
01060202.WPD
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ANSW ER TO COM PLAINT;
DEM AND FOR JURY TRIAL
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VI.
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NOTICE
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18.
Answering paragraph 31, Defendant LIBRARY generally and specifically denies each
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and every allegation contained in Paragraph 31, and on that basis, denies Paragraph 31 in its entirety.
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VII.
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CLAIMS FOR RELIEF
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FIRST CAUSE OF ACTION (AMERICANS WITH DISABILITIES ACT)
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19.
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Answering paragraph 32, this answering Defendant incorporates by reference its
responses to paragraphs 1 through 31 above, as though fully restated herein.
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20.
Answering paragraphs 33 and 34, Defendant LIBRARY contends said paragraphs
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contain conclusions of law and not averments of fact to which an answer may be required, but
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insofar as an answer may be deemed required, Defendant LIBRARY generally and specifically
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denies each and every allegation contained in said paragraphs.
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21.
Answering paragraphs 35, 36 and 37, Defendant LIBRARY generally and specifically
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denies each and every allegation contained in paragraphs 35, 36 and 37, and on that basis, denies
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paragraphs 35, 36 and 37 in their entirety.
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SECOND CAUSE OF ACTION (REHAB ACT)
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22.
Answering paragraph 38, this answering Defendant incorporates by reference its
responses to paragraphs 1 through 37 above, as though fully restated herein.
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23.
Answering paragraph 39, Defendant LIBRARY contends that said paragraph does
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not constitute averments of fact to which an answer may be required, but insofar as an answer may
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be deemed required, this answering Defendant generally and specifically denies each and every
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allegation contained in said paragraph.
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24.
Answering paragraphs 40, 41, 42, 43, and 44, Defendant LIBRARY generally and
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specifically denies each and every allegation contained in Paragraphs 40, 41, 42, 43, and 44, and on
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that basis, denies Paragraphs 40, 41, 42, 43, and 44 in their entirety.
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PORTER * SCOTT
ATTORNEYS
3 5 0 U N I V E R S I T Y A V E ., S U I T E 2 0 0
SAC RAM EN T O , C A 95825
T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6
www.porterscott.com
01060202.WPD
5
ANSW ER TO COM PLAINT;
DEM AND FOR JURY TRIAL
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THIRD CAUSE OF ACTION (STATE LAW CLAIM, CAL GOV CODE 11135 & 4450)
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25.
Answering paragraph 45, this answering Defendant incorporates by reference its
responses to paragraphs 1 through 44 above, as though fully restated herein.
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26.
Answering paragraphs 46, 47, 48 and 49, Defendant LIBRARY generally and
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specifically denies each and every allegation contained in paragraphs 46, 47, 48 and 49, and on that
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basis, denies paragraphs 46, 47, 48 and 49 in their entirety.
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FOURTH CAUSE OF ACTION (CALIFORNIA DISABLED PERSONS ACT)
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27.
Answering paragraph 50, this answering Defendant incorporates by reference its
responses to paragraphs 1 through 49 above, as though fully restated herein.
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28.
Answering paragraph 51, Defendant LIBRARY generally and specifically
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denies each and every allegation contained in paragraph 51, and on that basis, denies
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paragraph 51 in its entirety.
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29.
Answering paragraphs 52 and 53, Defendant LIBRARY contends that said
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paragraphs contain conclusions of law and not averments of fact to which an answer may be
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required, but insofar as an answer may be deemed required, Defendant LIBRARY generally and
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specifically denies each and every allegation contained in said paragraphs.
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30.
Answering paragraphs 54 and 55, Defendant LIBRARY generally and specifically
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denies each and every allegation contained in paragraphs 54 and 55, and on that basis, denies
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paragraphs 54 and 55 in their entirety.
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VIII.
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AFFIRMATIVE DEFENSES
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FIRST AFFIRMATIVE DEFENSE
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This answering Defendant alleges Plaintiff fails to state a claim upon which relief can be
granted.
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SECOND AFFIRMATIVE DEFENSE
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This answering Defendant alleges that Plaintiff’s Complaint does not present a case or
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controversy.
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PORTER * SCOTT
ATTORNEYS
3 5 0 U N I V E R S I T Y A V E ., S U I T E 2 0 0
SAC RAM EN T O , C A 95825
T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6
www.porterscott.com
01060202.WPD
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ANSW ER TO COM PLAINT;
DEM AND FOR JURY TRIAL
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THIRD AFFIRMATIVE DEFENSE
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This answering Defendant alleges all actions taken were undertaken in good faith and with
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reasonable belief that said actions were valid, necessary and constitutionally proper, thus the
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answering Defendant is entitled to qualified immunity.
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FOURTH AFFIRMATIVE DEFENSE
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This answering Defendant alleges that this claim is barred by the privileges, immunities and
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limitations set forth in Government Code §800, et seq., Government Code §900, et seq. and C.C.P.
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§338, et seq.
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FIFTH AFFIRMATIVE DEFENSE
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This answering Defendant alleges that Defendant’s acts were privileged under applicable
statutes and case law.
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SIXTH AFFIRMATIVE DEFENSE
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This answering Defendant alleges that state law claims are subject to a 90-day stay of
proceedings under California Civil Code §§ 55.51-55.54.
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SEVENTH AFFIRMATIVE DEFENSE
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This answering Defendant alleges Plaintiff knew, or in the exercise of ordinary care, should
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have known of the risks, hazards, illnesses and injuries involved in the undertaking in which Plaintiff
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was engaged, but nevertheless and with full knowledge of these things did fully and voluntarily
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consent to assume the risks, hazards, illnesses and injuries involved in the undertaking.
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EIGHTH AFFIRMATIVE DEFENSE
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This answering Defendant alleges Plaintiff failed to exercise ordinary care for her own safety
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and well-being, and that failure to exercise ordinary care proximately caused and/or contributed to
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the alleged illness and injury plead in the Complaint; consequently, Defendant is entitled to the full
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protection of the law.
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NINTH AFFIRMATIVE DEFENSE
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This answering Defendant alleges Plaintiff faces no threat of future irreparable harm;
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therefore, injunctive relief is not available.
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PORTER * SCOTT
ATTORNEYS
3 5 0 U N I V E R S I T Y A V E ., S U I T E 2 0 0
SAC RAM EN T O , C A 95825
T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6
www.porterscott.com
01060202.WPD
7
ANSW ER TO COM PLAINT;
DEM AND FOR JURY TRIAL
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TENTH AFFIRMATIVE DEFENSE
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This answering Defendant alleges that this claim is barred by the equitable doctrines of
estoppel, waiver, unclean hands, and laches.
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ELEVENTH AFFIRMATIVE DEFENSE
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This answering Defendant alleges that if Plaintiff sustained the damages alleged in the
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Complaint, which Defendant denies, Plaintiff’s damages were caused in whole or in part by the
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conduct of third parties for whom Defendant is not responsible, by forces over which Defendant has
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no control or through acts or omissions on the part of Plaintiff, and therefore, an act or omission on
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the part of Defendant was not the proximate cause and/or legal cause of the Plaintiff’s alleged
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damages.
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TWELFTH AFFIRMATIVE DEFENSE
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This answering Defendant alleges that the injuries and damages Plaintiff complains of, if any,
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resulted from the acts and or omissions of others, and without any fault on the part of this answering
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Defendant.
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THIRTEENTH AFFIRMATIVE DEFENSE
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This answering Defendant alleges that the Complaint is barred in that the relief sought would
place an undue financial and administrative burden on this answering Defendant.
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FOURTEENTH AFFIRMATIVE DEFENSE
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This answering Defendant alleges that the Complaint is barred in that the relief sought would
require unreasonable modifications to programs and services.
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FIFTEENTH AFFIRMATIVE DEFENSE
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This answering Defendant alleges that Plaintiff failed to exhaust his administrative and other
state remedies.
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SIXTEENTH AFFIRMATIVE DEFENSE
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This answering Defendant alleges that the Complaint is barred because Defendant is not
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required to make structural changes in existing facilities where other methods are or would be
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effective to achieve compliance with applicable law.
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PORTER * SCOTT
ATTORNEYS
3 5 0 U N I V E R S I T Y A V E ., S U I T E 2 0 0
SAC RAM EN T O , C A 95825
T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6
www.porterscott.com
01060202.WPD
8
ANSW ER TO COM PLAINT;
DEM AND FOR JURY TRIAL
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SEVENTEENTH AFFIRMATIVE DEFENSE
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This answering Defendant alleges that the Complaint is barred in that the relief sought would
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inappropriately mandate the manner in which Defendant allocates public funds in relation to existing
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programs and services.
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EIGHTEENTH AFFIRMATIVE DEFENSE
This answering Defendant alleges that the Complaint is barred because Plaintiff failed to
request either reasonable accommodation or auxiliary aids as required by law.
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IX.
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PRAYER
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WHEREFORE, Defendant LIBRARY prays for judgment as follows:
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1.
Plaintiff’s action be dismissed;
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2.
Plaintiff’s claim for injunctive relief be denied;
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2.
Plaintiff take nothing by way of the Complaint;
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3.
Defendant be awarded its costs of suit, including attorney fees; and,
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4.
For such other relief as the Court deems proper.
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Dated: September 26, 2012
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Respectfully submitted,
PORTER SCOTT
A PROFESSIONAL CORPORATION
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By
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/s/ Lindsay A. Goulding
Lindsay A. Goulding
Kevin M. Kreutz
Attorneys for Defendant SACRAMENTO
PUBLIC LIBRARY AUTHORITY
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PORTER * SCOTT
ATTORNEYS
3 5 0 U N I V E R S I T Y A V E ., S U I T E 2 0 0
SAC RAM EN T O , C A 95825
T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6
www.porterscott.com
01060202.WPD
9
ANSW ER TO COM PLAINT;
DEM AND FOR JURY TRIAL
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DEMAND FOR JURY TRIAL
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Defendant LIBRARY hereby demands a trial by jury in the above-entitled action as provided
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by the Seventh Amendment to the United States Constitution and Rule 38 of the Federal Rules of
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Civil Procedure.
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Dated: September 26, 2012
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Respectfully submitted,
PORTER SCOTT
A PROFESSIONAL CORPORATION
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By
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/s/ Lindsay A. Goulding
Lindsay A. Goulding
Kevin M. Kreutz
Attorneys for Defendant SACRAMENTO
PUBLIC LIBRARY AUTHORITY
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PORTER * SCOTT
ATTORNEYS
3 5 0 U N I V E R S I T Y A V E ., S U I T E 2 0 0
SAC RAM EN T O , C A 95825
T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6
www.porterscott.com
01060202.WPD
10
ANSW ER TO COM PLAINT;
DEM AND FOR JURY TRIAL
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