Arnold v. County of Sacramento et al

Filing 17

FIRST AMENDED ANSWER with Jury Demand by Sunrise Recreation & Park District.(Larsen, Dirk)

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MARK F. HAZELWOOD, SBN 136521
DIRK D. LARSEN, SBN 246028
LOW, BALL & LYNCH
505 Montgomery Street, 7th Floor
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant
SUNRISE RECREATION & PARK DISTRICT

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CONNIE ARNOLD,

Case No. 2:12-CV-01998-LKK-EFB

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Plaintiff,

DEFENDANT SUNRISE RECREATION &
PARK DISTRICT’S FIRST AMENDED
ANSWER TO PLAINTIFF CONNIE
ARNOLD’S FIRST AMENDED
COMPLAINT; DEMAND FOR JURY
TRIAL

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vs.
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COUNTY OF SACRAMENTO; SUNRISE
RECREATION & PARK DISTRICT; and
DOES 1 through 50, inclusive,

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Defendants.
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Comes now defendant SUNRISE RECREATION & PARK DISTRICT (“defendant” or “this

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answering defendant”) and, in answer to the allegations in plaintiff CONNIE ARNOLD’s First

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Amended Complaint (“complaint”) on file herein, admits, denies and alleges as follows:

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In answer to the allegations of the introductory paragraph of the complaint, this paragraph

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contains plaintiff’s introductory statement, to which no response is required. To the extent a response is

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deemed required, defendant has no information or belief to enable it to answer said allegations, and for

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that reason and basing its denial on that ground, denies both generally and specifically, each and every,

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all and singular, the allegations contained therein.
I.

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1.

INTRODUCTION

In answer to the allegations of paragraph 1 of the complaint, this paragraph contains

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plaintiff’s characterization of the Americans with Disabilities Act, to which no response is required. To

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the extent a response is deemed required, defendant has no information or belief to enable it to answer
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said allegations, and for that reason and basing its denial on that ground, denies both generally and

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specifically, each and every, all and singular, the allegations contained therein.

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2.

In answer to the allegations of sentence 1 of paragraph 2 of the complaint, defendant

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admits that Crosswoods Park is located near the corner of Auburn Boulevard and Van Maren Lane in

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the City of Citrus Heights; in answer to the remaining allegations of sentence 1 of paragraph 2 of the

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complaint, defendant has no information or belief to enable it to answer said allegations, and for that

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reason and basing its denial on that ground, denies both generally and specifically, each and every, all

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and singular, the allegations contained therein. In answer to the allegations of sentence 2 of paragraph 2

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of the complaint, to the extent the allegations are directed against this answering defendant, defendant

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denies both generally and specifically, each and every, all and singular, the allegations contained

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therein; to the extent the allegations are directed against other defendants, defendant has no information

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or belief to enable it to answer said allegations, and for that reason and basing its denial on that ground,

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denies both generally and specifically, each and every, all and singular, the allegations contained

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therein. In answer to the allegations of sentence 3 of paragraph 2 of the complaint, to the extent the

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allegations are directed against this answering defendant, defendant denies both generally and

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specifically, each and every, all and singular, the allegations contained therein; to the extent the

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allegations are directed against other defendants, defendant has no information or belief to enable it to

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answer said allegations, and for that reason and basing its denial on that ground, denies both generally

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and specifically, each and every, all and singular, the allegations contained therein. In answer to the

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allegations of sentence 4 of paragraph 2 of the complaint, to the extent the allegations are directed

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against this answering defendant, defendant denies both generally and specifically, each and every, all

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and singular, the allegations contained therein; to the extent the allegations are directed against other

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defendants, defendant has no information or belief to enable it to answer said allegations, and for that

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reason and basing its denial on that ground, denies both generally and specifically, each and every, all

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and singular, the allegations contained therein.

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3.

In answer to the allegations of sentence 1 of paragraph 3 of the complaint, to the extent

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the allegations are directed against this answering defendant, defendant denies both generally and

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specifically, each and every, all and singular, the allegations contained therein; to the extent the
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allegations are directed against other defendants, defendant has no information or belief to enable it to

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answer said allegations, and for that reason and basing its denial on that ground, denies both generally

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and specifically, each and every, all and singular, the allegations contained therein. In answer to the

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allegations of sentence 2 of paragraph 3 of the complaint, this sentence contains plaintiff’s

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characterization of her suit, to which no response is required; to the extent a response is deemed

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required, defendant denies both generally and specifically, each and every, all and singular, the

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allegations contained therein, and specifically denies that plaintiff is entitled to any relief.
II.

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4.

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JURISDICTION AND VENUE

In answer to the allegations of paragraph 4 of the complaint, this paragraph contains

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plaintiff’s jurisdiction allegations, to which no response is required. To the extent a response is deemed

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required, defendant denies both generally and specifically, each and every, all and singular, the

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allegations contained therein, except to admit that this Court has jurisdiction of the above-captioned

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matter.

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5.

In answer to the allegations of paragraph 5 of the complaint, this paragraph contains

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plaintiff’s venue allegations, to which no response is required. To the extent a response is deemed

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required, defendant denies both generally and specifically, each and every, all and singular, the

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allegations contained therein, except to admit that venue is proper in this District.
III.

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6.

PARTIES

In answer to the allegations of paragraph 6 of the complaint, defendant has no

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information or belief to enable it to answer said allegations, and for that reason and basing its denial on

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that ground, denies both generally and specifically, each and every, all and singular, the allegations

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contained therein.

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7.

In answer to the allegations of paragraph 7 of the complaint, defendant has no

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information or belief to enable it to answer said allegations, and for that reason and basing its denial on

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that ground, denies both generally and specifically, each and every, all and singular, the allegations

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contained therein.

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8.

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In answer to the allegations of paragraph 8 of the complaint, defendant has no

information or belief to enable it to answer said allegations, and for that reason and basing its denial on
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that ground, denies both generally and specifically, each and every, all and singular, the allegations

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contained therein.

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9.

In answer to the allegations of paragraph 9 of the complaint, defendant has no

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information or belief to enable it to answer said allegations, and for that reason and basing its denial on

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that ground, denies both generally and specifically, each and every, all and singular, the allegations

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contained therein.

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10.

In answer to the allegations of paragraph 10 of the complaint, defendant has no

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information or belief to enable it to answer said allegations, and for that reason and basing its denial on

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that ground, denies both generally and specifically, each and every, all and singular, the allegations

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contained therein, except to admit that defendant is a public entity.
11.

In answer to the allegations of paragraph 11 of the complaint, defendant has no

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information or belief to enable it to answer said allegations, and for that reason and basing its denial on

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that ground, denies both generally and specifically, each and every, all and singular, the allegations

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contained therein, except to admit that defendant owns Crosswoods Park, which is located at 6742

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Auburn Boulevard, Citrus Heights, California 95621.

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12.

In answer to the allegations of paragraph 12 of the complaint, defendant has no

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information or belief to enable it to answer said allegations, and for that reason and basing its denial on

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that ground, denies both generally and specifically, each and every, all and singular, the allegations

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contained therein.
IV.

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13.

GOVERNMENT CLAIM

In answer to the allegations of paragraph 13 of the complaint, defendant has no

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information or belief to enable it to answer said allegations, and for that reason and basing its denial on

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that ground, denies both generally and specifically, each and every, all and singular, the allegations

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contained therein.

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14.

In answer to the allegations of paragraph 14 of the complaint, defendant has no

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information or belief to enable it to answer said allegations, and for that reason and basing its denial on

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that ground, denies both generally and specifically, each and every, all and singular, the allegations

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contained therein.
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15.

In answer to the allegations of paragraph 15 of the complaint, defendant has no

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information or belief to enable it to answer said allegations, and for that reason and basing its denial on

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that ground, denies both generally and specifically, each and every, all and singular, the allegations

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contained therein.
V.

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16.

FACTS UPON WHICH ALL CLAIMS ARE BASED

In answer to the allegations of sentence 1 of paragraph 16 of the complaint, admitted that

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the Sylvan Oaks Public Library is located adjacent to Crosswoods Park; in answer to the remaining

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allegations of sentence 1 of paragraph 16 of the complaint, defendant has no information or belief to

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enable it to answer said allegations, and for that reason and basing its denial on that ground, denies both

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generally and specifically, each and every, all and singular, the allegations contained therein. In answer

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to the allegations of sentence 2 of paragraph 16 of the complaint, defendant has no information or belief

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to enable it to answer said allegations, and for that reason and basing its denial on that ground, denies

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both generally and specifically, each and every, all and singular, the allegations contained therein. In

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answer to the allegations of sentence 3 of paragraph 16 of the complaint, admitted.

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17.

In answer to the allegations of paragraph 17 of the complaint, defendant has no

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information or belief to enable it to answer said allegations, and for that reason and basing its denial on

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that ground, denies both generally and specifically, each and every, all and singular, the allegations

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contained therein.

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18.

In answer to the allegations of paragraph 18 of the complaint, defendant has no

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information or belief to enable it to answer said allegations, and for that reason and basing its denial on

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that ground, denies both generally and specifically, each and every, all and singular, the allegations

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contained therein.

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19.

In answer to the allegations of paragraph 19 of the complaint, defendant has no

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information or belief to enable it to answer said allegations, and for that reason and basing its denial on

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that ground, denies both generally and specifically, each and every, all and singular, the allegations

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contained therein.

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20.

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In answer to the allegations of paragraph 20 of the complaint, defendant has no

information or belief to enable it to answer said allegations, and for that reason and basing its denial on
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that ground, denies both generally and specifically, each and every, all and singular, the allegations

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contained therein.

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21.

In answer to the allegations of paragraph 21 of the complaint, defendant has no

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information or belief to enable it to answer said allegations, and for that reason and basing its denial on

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that ground, denies both generally and specifically, each and every, all and singular, the allegations

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contained therein.

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22.

In answer to the allegations of paragraph 22 of the complaint, defendant has no

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information or belief to enable it to answer said allegations, and for that reason and basing its denial on

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that ground, denies both generally and specifically, each and every, all and singular, the allegations

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contained therein.

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23.

In answer to the allegations of paragraph 23 of the complaint, defendant has no

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information or belief to enable it to answer said allegations, and for that reason and basing its denial on

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that ground, denies both generally and specifically, each and every, all and singular, the allegations

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contained therein.

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24.

In answer to the allegations of paragraph 24 of the complaint, defendant has no

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information or belief to enable it to answer said allegations, and for that reason and basing its denial on

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that ground, denies both generally and specifically, each and every, all and singular, the allegations

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contained therein.

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25.

In answer to the allegations of paragraph 25 of the complaint, defendant has no

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information or belief to enable it to answer said allegations, and for that reason and basing its denial on

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that ground, denies both generally and specifically, each and every, all and singular, the allegations

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contained therein.

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26.

In answer to the allegations of paragraph 26 of the complaint, defendant has no

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information or belief to enable it to answer said allegations, and for that reason and basing its denial on

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that ground, denies both generally and specifically, each and every, all and singular, the allegations

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contained therein.

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27.

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In answer to the allegations of paragraph 27 of the complaint, defendant has no

information or belief to enable it to answer said allegations, and for that reason and basing its denial on
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that ground, denies both generally and specifically, each and every, all and singular, the allegations

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contained therein.

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28.

In answer to the allegations of paragraph 28 of the complaint, to the extent the

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allegations are directed against this answering defendant, defendant denies both generally and

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specifically, each and every, all and singular, the allegations contained therein; to the extent the

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allegations are directed against other defendants, defendant has no information or belief to enable it to

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answer said allegations, and for that reason and basing its denial on that ground, denies both generally

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and specifically, each and every, all and singular, the allegations contained therein.
29.

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In answer to the allegations of paragraph 29 of the complaint, to the extent the

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allegations are directed against this answering defendant, defendant denies both generally and

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specifically, each and every, all and singular, the allegations contained therein; to the extent the

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allegations are directed against other defendants, defendant has no information or belief to enable it to

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answer said allegations, and for that reason and basing its denial on that ground, denies both generally

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and specifically, each and every, all and singular, the allegations contained therein.
30.

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In answer to the allegations of paragraph 30 of the complaint, to the extent the

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allegations are directed against this answering defendant, defendant denies both generally and

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specifically, each and every, all and singular, the allegations contained therein; to the extent the

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allegations are directed against other defendants, defendant has no information or belief to enable it to

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answer said allegations, and for that reason and basing its denial on that ground, denies both generally

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and specifically, each and every, all and singular, the allegations contained therein.
VI.

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31.

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NOTICE

In answer to the allegations of paragraph 31 of the complaint, including footnote number

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1, defendant has no information or belief to enable it to answer said allegations, and for that reason and

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basing its denial on that ground, denies both generally and specifically, each and every, all and singular,

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the allegations contained therein.

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VII.

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CLAIMS FOR RELIEF

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FIRST CAUSE OF ACTION:
VIOLATION OF THE
AMERICANS WITH DISABILITIES ACT – TITLE II

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42 U.S.C. § 1210 et seq. and § 12131 et seq.
32.

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In answer to the allegations of paragraph 32 of the complaint, this paragraph contains

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plaintiff’s incorporation by reference of previous paragraphs, to which no response is required. To the

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extent a response is deemed required, defendant denies both generally and specifically, each and every,

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all and singular, the allegations contained therein.
33.

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In answer to the allegations of paragraph 33 of the complaint, this paragraph contains

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plaintiff’s characterization of the Americans with Disabilities Act, to which no response is required; to

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the extent a response is deemed required, defendant denies both generally and specifically, each and

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every, all and singular, the allegations contained therein, except to refer to the statute, which speaks for

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itself.
34.

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In answer to the allegations of paragraph 34 of the complaint, this paragraph contains

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plaintiff’s characterization of the Americans with Disabilities Act, to which no response is required; to

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the extent a response is deemed required, defendant denies both generally and specifically, each and

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every, all and singular, the allegations contained therein, except to refer to the statute, which speaks for

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itself.

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35.

In answer to the allegations of sentence 1 of paragraph 35 of the complaint, admitted that

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defendant owns Crosswoods Park; in answer to the remaining allegations of sentence 1 of paragraph 35

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of the complaint, defendant has no information or belief to enable it to answer said allegations, and for

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that reason and basing its denial on that ground, denies both generally and specifically, each and every,

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all and singular, the allegations contained therein. In answer to the allegations of sentence 2 of

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paragraph 35 of the complaint, this sentence contains plaintiff’s characterization of the Americans with

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Disabilities Act, to which no response is required; to the extent a response is deemed required,

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defendant denies both generally and specifically, each and every, all and singular, the allegations

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contained therein, except to refer to the statute, which speaks for itself. In answer to the allegations of

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sentence 3 of paragraph 35 of the complaint, admitted that defendant is a public entity; in answer to the
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remaining allegations of sentence 3 of paragraph 35 of the complaint, defendant has no information or

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belief to enable it to answer said allegations, and for that reason and basing its denial on that ground,

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denies both generally and specifically, each and every, all and singular, the allegations contained

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therein.

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36.

In answer to the allegations of sentence 1 through subparagraphs a), b) and c) of

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paragraph 36 of the complaint, to the extent the allegations are directed against this answering

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defendant, defendant denies both generally and specifically, each and every, all and singular, the

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allegations contained therein; to the extent the allegations are directed against other defendants,

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defendant has no information or belief to enable it to answer said allegations, and for that reason and

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basing its denial on that ground, denies both generally and specifically, each and every, all and singular,

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the allegations contained therein. In answer to the allegations of subparagraphs c)i. through c)iii. of

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paragraph 36 of the complaint, these subparagraphs contain plaintiff’s characterization of a federal

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regulation, to which no response is required; to the extent a response is deemed required, defendant

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denies both generally and specifically, each and every, all and singular, the allegations contained

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therein, except to refer to the regulation, which speaks for itself.

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37.

In answer to the allegations of sentences 1 and 2 of paragraph 37 of the complaint, to the

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extent the allegations are directed against this answering defendant, defendant denies both generally

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and specifically, each and every, all and singular, the allegations contained therein; to the extent the

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allegations are directed against other defendants, defendant has no information or belief to enable it to

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answer said allegations, and for that reason and basing its denial on that ground, denies both generally

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and specifically, each and every, all and singular, the allegations contained therein. In answer to the

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allegations of sentence 3 of paragraph 37 of the complaint, this sentence contains plaintiff’s

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characterization of relief sought, to which no response is required; to the extent a response is deemed

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required, defendant denies both generally and specifically, each and every, all and singular, the

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allegations contained therein, and specifically denies that plaintiff is entitled to any relief.

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In answer to the allegations of the sentence following paragraph 37 of the complaint, this

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sentence contains plaintiff’s characterization of relief sought, to which no response is required; to the

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extent a response is deemed required, defendant denies both generally and specifically, each and every,
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all and singular, the allegations contained therein, and specifically denies that plaintiff is entitled to any

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relief.

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SECOND CAUSE OF ACTION:
VIOLATION OF SECTION 504 OF THE REHABILITATION ACT

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29 U.S.C. § 794

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38.

In answer to the allegations of paragraph 38 of the complaint, this paragraph contains

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plaintiff’s incorporation by reference of previous paragraphs, to which no response is required. To the

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extent a response is deemed required, defendant denies both generally and specifically, each and every,

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all and singular, the allegations contained therein.

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39.

In answer to the allegations of paragraph 39 of the complaint, this paragraph contains

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plaintiff’s characterization of the Rehabilitation Act, to which no response is required; to the extent a

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response is deemed required, defendant denies both generally and specifically, each and every, all and

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singular, the allegations contained therein, except to refer to the statute, which speaks for itself.

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40.

In answer to the allegations of sentence 1 of paragraph 40 of the complaint, defendant

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admits that it is a governmental agency; in answer to the remaining allegations of sentence 1 of

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paragraph 40 of the complaint, defendant has no information or belief to enable it to answer said

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allegations, and for that reason and basing its denial on that ground, denies both generally and

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specifically, each and every, all and singular, the allegations contained therein. In answer to the

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allegation, in sentence 2 of paragraph 40 of the complaint, “but which are denied to Plaintiff on the

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basis of disability[,]” to the extent the allegation is directed against this answering defendant, defendant

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denies both generally and specifically, each and every, all and singular, the allegation; in answer to the

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remaining allegations of sentence 2 of paragraph 40 of the complaint, defendant has no information or

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belief to enable it to answer said allegations, and for that reason and basing its denial on that ground,

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denies both generally and specifically, each and every, all and singular, the allegations contained

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therein.

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41.

In answer to the allegations of paragraph 41 of the complaint, to the extent the

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allegations are directed against this answering defendant, defendant denies both generally and

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specifically, each and every, all and singular, the allegations contained therein; to the extent the

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allegations are directed against other defendants, defendant has no information or belief to enable it to
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answer said allegations, and for that reason and basing its denial on that ground, denies both generally

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and specifically, each and every, all and singular, the allegations contained therein.
42.

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In answer to the allegations of sentence 1 of paragraph 42 of the complaint, to the extent

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the allegations are directed against this answering defendant, defendant denies both generally and

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specifically, each and every, all and singular, the allegations contained therein; to the extent the

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allegations are directed against other defendants, defendant has no information or belief to enable it to

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answer said allegations, and for that reason and basing its denial on that ground, denies both generally

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and specifically, each and every, all and singular, the allegations contained therein. In answer to the

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allegations of sentence 2 of paragraph 42 of the complaint, this sentence contains plaintiff’s

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characterization of relief sought, to which no response is required; to the extent a response is deemed

11

required, defendant denies both generally and specifically, each and every, all and singular, the

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allegations contained therein, and specifically denies that plaintiff is entitled to any relief.
43.

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In answer to the allegations of paragraph 43 of the complaint, this paragraph contains

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plaintiff’s characterization of relief sought, to which no response is required; to the extent a response is

15

deemed required, defendant denies both generally and specifically, each and every, all and singular, the

16

allegations contained therein, and specifically denies that plaintiff is entitled to any relief.
44.

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In answer to the allegations of paragraph 44 of the complaint, to the extent the

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allegations are directed against this answering defendant, defendant denies both generally and

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specifically, each and every, all and singular, the allegations contained therein; to the extent the

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allegations are directed against other defendants, defendant has no information or belief to enable it to

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answer said allegations, and for that reason and basing its denial on that ground, denies both generally

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and specifically, each and every, all and singular, the allegations contained therein.
In answer to the allegations of the sentence following paragraph 44 of the complaint, this

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sentence contains plaintiff’s characterization of relief sought, to which no response is required; to the

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extent a response is deemed required, defendant denies both generally and specifically, each and every,

26

all and singular, the allegations contained therein, and specifically denies that plaintiff is entitled to any

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relief.

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THIRD CAUSE OF ACTION:

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Cal. Gov’t Codes §§ 11135 and 4450 et seq.

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45.

In answer to the allegations of paragraph 45 of the complaint, this paragraph contains

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plaintiff’s incorporation by reference of previous paragraphs, to which no response is required. To the

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extent a response is deemed required, defendant denies both generally and specifically, each and every,

6

all and singular, the allegations contained therein.

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46.

In answer to the allegations of paragraph 46 of the complaint, from “Plaintiff is

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informed…” through “…Government Code § 1135,” to the extent the allegations are directed against

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this answering defendant, defendant denies both generally and specifically, each and every, all and

10

singular, the allegations contained therein; to the extent the allegations are directed against other

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defendants, defendant has no information or belief to enable it to answer said allegations, and for that

12

reason and basing its denial on that ground, denies both generally and specifically, each and every, all

13

and singular, the allegations contained therein. In answer to the remaining allegations of paragraph 46

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of the complaint, defendant has no information or belief to enable it to answer said allegations, and for

15

that reason and basing its denial on that ground, denies both generally and specifically, each and every,

16

all and singular, the allegations contained therein.

17

47.

In answer to the allegations of sentence 1 of paragraph 47 of the complaint, admitted that

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defendant owns the Park; in answer to the remaining allegations of sentence 1 of paragraph 47 of the

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complaint, defendant has no information or belief to enable it to answer said allegations, and for that

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reason and basing its denial on that ground, denies both generally and specifically, each and every, all

21

and singular, the allegations contained therein. In answer to the allegations of sentence 2 of paragraph

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47 of the complaint, from “Plaintiff is further…” through “…public portions of the Library and Park,”

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defendant has no information or belief to enable it to answer said allegations, and for that reason and

24

basing its denial on that ground, denies both generally and specifically, each and every, all and singular,

25

the allegations contained therein; in answer to the remaining allegations of sentence 2 of paragraph 47

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of the complaint, to the extent the allegations are directed against this answering defendant, defendant

27

denies both generally and specifically, each and every, all and singular, the allegations contained

28

therein; to the extent the allegations are directed toward other defendants, defendant has no information
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or belief to enable it to answer said allegations, and for that reason and basing its denial on that ground,

2

denies both generally and specifically, each and every, all and singular, the allegations contained

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therein.
48.

4

In answer to the allegations of paragraph 48 of the complaint, to the extent the

5

allegations are directed against this answering defendant, defendant denies both generally and

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specifically, each and every, all and singular, the allegations contained therein; to the extent the

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allegations are directed toward other defendants, defendant has no information or belief to enable it to

8

answer said allegations, and for that reason and basing its denial on that ground, denies both generally

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and specifically, each and every, all and singular, the allegations contained therein.
49.

10

In answer to the allegations of paragraph 49 of the complaint, to the extent the

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allegations are directed against this answering defendant, defendant denies both generally and

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specifically, each and every, all and singular, the allegations contained therein; to the extent the

13

allegations are directed toward other defendants, defendant has no information or belief to enable it to

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answer said allegations, and for that reason and basing its denial on that ground, denies both generally

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and specifically, each and every, all and singular, the allegations contained therein.
In answer to the allegations of the sentence following paragraph 49 of the complaint, this

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sentence contains plaintiff’s characterization of relief sought, to which no response is required; to the

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extent a response is deemed required, defendant denies both generally and specifically, each and every,

19

all and singular, the allegations contained therein, and specifically denies that plaintiff is entitled to any

20

relief.
FOURTH CAUSE OF ACTION:
CALIFORNIA DISABLED PERSONS ACT (“CDPA”)
Cal. Civ. Code § 54 et seq.

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50.

In answer to the allegations of paragraph 50 of the complaint, this paragraph contains

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plaintiff’s incorporation by reference of previous paragraphs, to which no response is required. To the

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extent a response is deemed required, defendant denies both generally and specifically, each and every,

26

all and singular, the allegations contained therein.

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51.

In answer to the allegations of paragraph 51 of the complaint, defendant has no

information or belief to enable it to answer said allegations, and for that reason and basing its denial on
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that ground, denies both generally and specifically, each and every, all and singular, the allegations

2

contained therein, except to admit that Crosswoods Park is open to the public.
52.

3

In answer to the allegations of paragraph 52 of the complaint, this paragraph contains

4

plaintiff’s characterization of the California Disabled Persons Act, to which no response is required; to

5

the extent a response is deemed required, defendant denies both generally and specifically, each and

6

every, all and singular, the allegations contained therein, except to refer to the statute, which speaks for

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itself.
53.

8
9

In answer to the allegations of paragraph 53 of the complaint, this paragraph contains

plaintiff’s characterization of the California Disabled Persons Act, to which no response is required; to

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the extent a response is deemed required, defendant denies both generally and specifically, each and

11

every, all and singular, the allegations contained therein, except to refer to the statute, which speaks for

12

itself.
54.

13

In answer to the allegations of paragraph 54 of the complaint, to the extent the

14

allegations are directed against this answering defendant, defendant denies both generally and

15

specifically, each and every, all and singular, the allegations contained therein; to the extent the

16

allegations are directed toward other defendants, defendant has no information or belief to enable it to

17

answer said allegations, and for that reason and basing its denial on that ground, denies both generally

18

and specifically, each and every, all and singular, the allegations contained therein.
55.

19

In answer to the allegations of paragraph 55 of the complaint, defendant has no

20

information or belief to enable it to answer said allegations, and for that reason and basing its denial on

21

that ground, denies both generally and specifically, each and every, all and singular, the allegations

22

contained therein.
In answer to the allegations of the sentence following paragraph 55 of the complaint, this

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24

sentence contains plaintiff’s characterization of relief sought, to which no response is required; to the

25

extent a response is deemed required, defendant denies both generally and specifically, each and every,

26

all and singular, the allegations contained therein, and specifically denies that plaintiff is entitled to any

27

relief.

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VIII. PRAYER FOR RELIEF

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2

In answer to the allegations of page 18, lines 5-20 of the complaint, these allegations contain

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plaintiff’s prayer for relief, to which no response is required; to the extent a response is deemed

4

required, defendant denies both generally and specifically, each and every, all and singular, the

5

allegations contained therein, and specifically denies that plaintiff is entitled to any relief.

6
7

Except as expressly admitted above, defendant denies each and every allegation contained in
plaintiff’s first amended complaint.

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AFFIRMATIVE DEFENSES

9

FIRST AFFIRMATIVE DEFENSE

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AS AND FOR A FIRST, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
Plaintiff’s complaint fails to state facts sufficient to constitute a cause of action against this
answering defendant.
SECOND AFFIRMATIVE DEFENSE

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15
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AS AND FOR A SECOND, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
Plaintiff’s complaint is barred by the applicable statute of limitations, including without

18

limitation, those provided for in California Code of Civil Procedure sections 335.1, 337, 337.1, 338,

19

339, 340, and 343, and Government Code section 12960.
THIRD AFFIRMATIVE DEFENSE

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21
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AS AND FOR A THIRD, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
Plaintiff has failed to mitigate her damages, and to the extent of this failure to mitigate, any
damages awarded to plaintiff should be reduced accordingly.
FOURTH AFFIRMATIVE DEFENSE

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26
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AS AND FOR A FOURTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
Plaintiff has failed to exhaust her administrative remedies, and therefore plaintiff’s complaint
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should be dismissed.
FIFTH AFFIRMATIVE DEFENSE

2

AS AND FOR A FIFTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT

3
4

ALLEGES:
Plaintiff has failed to join a party pursuant to Rule 19.

5

SIXTH AFFIRMATIVE DEFENSE

6

AS AND FOR A SIXTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT

7
8

ALLEGES:
Plaintiff’s claims are barred pursuant to the principles of res judicata and collateral estoppel.

9
10

SEVENTH AFFIRMATIVE DEFENSE

11

AS AND FOR A SEVENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT

12

ALLEGES:
Plaintiff assumed the risk of any injuries and/or damages resulting from the matters set forth in

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14

her complaint. The assumption of risk by plaintiff was a cause of her injuries and/or damages.

15

EIGHTH AFFIRMATIVE DEFENSE

16

AS AND FOR AN EIGHTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT

17

ALLEGES:
Plaintiff was herself negligent and careless in and about the matters and events set forth in her

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19

complaint and said negligence contributed to her alleged injuries and/or damages. A verdict of the jury

20

in favor of plaintiff, if any, which may be rendered in this case must therefore be reduced by the

21

percentage that plaintiff’s negligence contributed to the accident and injuries complaint of, if any there

22

were.
NINTH AFFIRMATIVE DEFENSE

23

AS AND FOR A NINTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT

24
25

ALLEGES:
Any alleged discrimination was not arbitrary or intentional.

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TENTH AFFIRMATIVE DEFENSE

1

AS AND FOR A TENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT

2
3

ALLEGES:
Plaintiff is not a “qualified individual with a disability”.

4

ELEVENTH AFFIRMATIVE DEFENSE

5

AS AND FOR AN ELEVENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT

6
7

ALLEGES:
The complaint and each of its causes of action are barred by the equitable doctrines of estoppel

8
9

and waiver.

10

TWELFTH AFFIRMATIVE DEFENSE

11

AS AND FOR A TWELFTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT

12

ALLEGES:
Defendant asserts that the alleged discriminatory conduct was required by law [Civil Code

13
14

section 51(c)].
THIRTEENTH AFFIRMATIVE DEFENSE

15

AS AND FOR A THIRTEENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT

16
17

ALLEGES:

18

Defendant asserts that its alleged refusal to allow access was not discriminatory, but was caused

19

by the structure of the facility(ies) and by the fact that plaintiff’s special needs prevented her admission

20

to the facility without construction, alteration or modification that is not otherwise required by law

21

[Civil Code section 51(d), 52(g)].
FOURTEENTH AFFIRMATIVE DEFENSE

22

AS AND FOR A FOURTEENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT

23
24

ALLEGES:
Plaintiff was not discriminated against based solely on her disability.

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26

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FIFTEENTH AFFIRMATIVE DEFENSE

2

AS AND FOR A FIFTEENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT

3

ALLEGES:
Plaintiff does not face a real or immediate threat of substantial injury and is therefore not

4
5

entitled to injunctive relief.
SIXTEENTH AFFIRMATIVE DEFENSE

6

AS AND FOR A SIXTEENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT

7
8

ALLEGES:
Any and all acts or omissions of defendant, its agents and employees, which allegedly caused

9
10

the injury at the time and place set forth were the result of an exercise of discretion vested in them.
SEVENTEENTH AFFIRMATIVE DEFENSE

11

AS AND FOR A SEVENTEENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT

12
13

ALLEGES:
Defendant alleges that plaintiff failed to set forth the facts sufficient to state a cause of action

14
15

due to a failure to comply with claims requirements of the California Government Code sections 900,

16

et. seq.
EIGHTEENTH AFFIRMATIVE DEFENSE

17
18
19
20

AS AND FOR A EIGHTEENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
Any and all mandatory duties imposed upon defendant, its agents and employees, the failure of

21

which allegedly created the condition complained of, were exercised with reasonable diligence and

22

therefore defendant is not liable pursuant to Government Code section 815.6.
NINETEENTH AFFIRMATIVE DEFENSE

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24
25
26

AS AND FOR A NINETEENTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
The plaintiff is barred from any recovery herein as to this answering defendant in that any

27

damages and injuries proven to have been sustained by the plaintiff herein would be the direct and

28

proximate result of the independent negligence and/or unlawful conduct of independent third parties, or
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their agents, or employees and not any act or omission on the part of this answering defendant or its

2

agents or employees.
TWENTIETH AFFIRMATIVE DEFENSE

3

AS AND FOR A TWENTIETH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT

4
5

ALLEGES:
Defendant is immune from liability pursuant to the provisions of sections 815, 815.2, 815.3,

6
7

818, 818.2, 818.6, 820.2, 820.6, 820.8, 820.9 and 821 of the Government Code of the State of

8

California.
TWENTY-FIRST AFFIRMATIVE DEFENSE

9

AS AND FOR A TWENTY-FIRST, SEPARATE AND DISTINCT DEFENSE, DEFENDANT

10
11

ALLEGES:
When viewed in its entirety, the subject buildings and facilities are readily accessible to and

12
13

useable by individuals with disabilities.
TWENTY-SECOND AFFIRMATIVE DEFENSE

14

AS AND FOR A TWENTY-SECOND, SEPARATE AND DISTINCT DEFENSE,

15
16

DEFENDANT ALLEGES:
Defendant is not required to take any action that would result in a fundamental alteration

17
18

in the nature of its services, programs or activities, or in undue financial and administrative burdens.
TWENTY-THIRD AFFIRMATIVE DEFENSE

19

AS AND FOR A TWENTY-THIRD, SEPARATE AND DISTINCT DEFENSE,

20
21

DEFENDANT ALLEGES:
Defendant did not receive federal funding in association with the programs, activities, services

22
23

and benefits participated in by plaintiff.
TWENTY-FOURTH AFFIRMATIVE DEFENSE

24

AS AND FOR A TWENTY-FOURTH, SEPARATE AND DISTINCT DEFENSE,

25
26

DEFENDANT ALLEGES:
Plaintiff lacks standing.

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TWENTY-FIFTH AFFIRMATIVE DEFENSE

1
2
3
4

AS AND FOR A TWENTY-FIFTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
Defendant has insufficient knowledge or information upon which to form a belief as to whether

5

it may have additional, as yet unstated, affirmative defenses. Defendant reserves the right to answer

6

additional affirmative defenses in the event discovery indicates it would be appropriate.

7

WHEREFORE, Defendant requests that:

8

1.

Plaintiff takes nothing by this action;

9

2.

A judgment of dismissal be entered in favor of defendant;

10

3.

Defendant be awarded attorney fees and costs of suit incurred; and

11

4.

Defendant be awarded any other and further relief the court considers proper.

12
DEMAND FOR JURY TRIAL

13
14

Defendant hereby demands a jury trial in this action.

15
16

Dated: September 20, 2012.
LOW, BALL & LYNCH

17
18
By

19
20
21

s/ Dirk D. Larsen
MARK F. HAZELWOOD
DIRK D. LARSEN
Attorneys for Defendant
SUNRISE RECREATION & PARK DISTRICT

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