Arnold v. County of Sacramento et al
Filing
9
ANSWER to 7 Amended Complaint with Jury Demand by Sunrise Recreation & Park District. Attorney Larsen, Dirk Donald added.(Larsen, Dirk)
1
2
3
4
5
6
MARK F. HAZELWOOD, SBN 136521
DIRK D. LARSEN, SBN 246028
LOW, BALL & LYNCH
505 Montgomery Street, 7th Floor
San Francisco, California 94111
Telephone:
(415) 981-6630
Facsimile:
(415) 982-1634
Email: mhazelwood@lowball.com
Email: dlarsen@lowball.com
Attorneys for Defendant
SUNRISE RECREATION & PARK DISTRICT
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
CONNIE ARNOLD,
Case No. 2:12-CV-01998-LKK-EFB
11
Plaintiff,
DEFENDANT SUNRISE RECREATION &
PARK DISTRICT’S ANSWER TO
PLAINTIFF CONNIE ARNOLD’S FIRST
AMENDED COMPLAINT; DEMAND FOR
JURY TRIAL
12
vs.
13
14
COUNTY OF SACRAMENTO; SUNRISE
RECREATION & PARK DISTRICT; and
DOES 1 through 50, inclusive,
15
Defendants.
16
17
Comes now defendant SUNRISE RECREATION & PARK DISTRICT (“defendant” or “this
18
answering defendant”) and, in answer to the allegations in plaintiff CONNIE ARNOLD’s First
19
Amended Complaint (“complaint”) on file herein, admits, denies and alleges as follows:
20
In answer to the allegations of the introductory paragraph of the complaint, this paragraph
21
contains plaintiff’s introductory statement, to which no response is required. To the extent a response is
22
deemed required, defendant has no information or belief to enable it to answer said allegations, and for
23
that reason and basing its denial on that ground, denies both generally and specifically, each and every,
24
all and singular, the allegations contained therein.
I.
25
26
1.
INTRODUCTION
In answer to the allegations of paragraph 1 of the complaint, this paragraph contains
27
plaintiff’s characterization of the Americans with Disabilities Act, to which no response is required. To
28
the extent a response is deemed required, defendant has no information or belief to enable it to answer
-1DEFENDANTS SUNRISE RECREATION & PARK DISTRICT’S ANSWER
TO PLAINTIFF’S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
J:\1143\sf0010\Pld\P-Answer.docx
Case No: 2:12-CV-01998-LKK-EFB
1
said allegations, and for that reason and basing its denial on that ground, denies both generally and
2
specifically, each and every, all and singular, the allegations contained therein.
3
2.
In answer to the allegations of sentence 1 of paragraph 2 of the complaint, defendant
4
admits that Crosswoods Park is located near the corner of Auburn Boulevard and Van Maren Lane in
5
the City of Citrus Heights; in answer to the remaining allegations of sentence 1 of paragraph 2 of the
6
complaint, defendant has no information or belief to enable it to answer said allegations, and for that
7
reason and basing its denial on that ground, denies both generally and specifically, each and every, all
8
and singular, the allegations contained therein. In answer to the allegations of sentence 2 of paragraph 2
9
of the complaint, to the extent the allegations are directed against this answering defendant, defendant
10
denies both generally and specifically, each and every, all and singular, the allegations contained
11
therein; to the extent the allegations are directed against other defendants, defendant has no information
12
or belief to enable it to answer said allegations, and for that reason and basing its denial on that ground,
13
denies both generally and specifically, each and every, all and singular, the allegations contained
14
therein. In answer to the allegations of sentence 3 of paragraph 2 of the complaint, to the extent the
15
allegations are directed against this answering defendant, defendant denies both generally and
16
specifically, each and every, all and singular, the allegations contained therein; to the extent the
17
allegations are directed against other defendants, defendant has no information or belief to enable it to
18
answer said allegations, and for that reason and basing its denial on that ground, denies both generally
19
and specifically, each and every, all and singular, the allegations contained therein. In answer to the
20
allegations of sentence 4 of paragraph 2 of the complaint, to the extent the allegations are directed
21
against this answering defendant, defendant denies both generally and specifically, each and every, all
22
and singular, the allegations contained therein; to the extent the allegations are directed against other
23
defendants, defendant has no information or belief to enable it to answer said allegations, and for that
24
reason and basing its denial on that ground, denies both generally and specifically, each and every, all
25
and singular, the allegations contained therein.
26
3.
In answer to the allegations of sentence 1 of paragraph 3 of the complaint, to the extent
27
the allegations are directed against this answering defendant, defendant denies both generally and
28
specifically, each and every, all and singular, the allegations contained therein; to the extent the
-2DEFENDANTS SUNRISE RECREATION & PARK DISTRICT’S ANSWER
TO PLAINTIFF’S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
J:\1143\sf0010\Pld\P-Answer.docx
Case No: 2:12-CV-01998-LKK-EFB
1
allegations are directed against other defendants, defendant has no information or belief to enable it to
2
answer said allegations, and for that reason and basing its denial on that ground, denies both generally
3
and specifically, each and every, all and singular, the allegations contained therein. In answer to the
4
allegations of sentence 2 of paragraph 3 of the complaint, this sentence contains plaintiff’s
5
characterization of her suit, to which no response is required; to the extent a response is deemed
6
required, defendant denies both generally and specifically, each and every, all and singular, the
7
allegations contained therein, and specifically denies that plaintiff is entitled to any relief.
II.
8
4.
9
JURISDICTION AND VENUE
In answer to the allegations of paragraph 4 of the complaint, this paragraph contains
10
plaintiff’s jurisdiction allegations, 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
12
allegations contained therein, except to admit that this Court has jurisdiction of the above-captioned
13
matter.
14
5.
In answer to the allegations of paragraph 5 of the complaint, this paragraph contains
15
plaintiff’s venue allegations, to which no response is required. To the extent a response is deemed
16
required, defendant denies both generally and specifically, each and every, all and singular, the
17
allegations contained therein, except to admit that venue is proper in this District.
III.
18
19
6.
PARTIES
In answer to the allegations of paragraph 6 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.
23
7.
In answer to the allegations of paragraph 7 of the complaint, defendant has no
24
information or belief to enable it to answer said allegations, and for that reason and basing its denial on
25
that ground, denies both generally and specifically, each and every, all and singular, the allegations
26
contained therein.
27
8.
28
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
-3DEFENDANTS SUNRISE RECREATION & PARK DISTRICT’S ANSWER
TO PLAINTIFF’S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
J:\1143\sf0010\Pld\P-Answer.docx
Case No: 2:12-CV-01998-LKK-EFB
1
that ground, denies both generally and specifically, each and every, all and singular, the allegations
2
contained therein.
3
9.
In answer to the allegations of paragraph 9 of the complaint, defendant has no
4
information or belief to enable it to answer said allegations, and for that reason and basing its denial on
5
that ground, denies both generally and specifically, each and every, all and singular, the allegations
6
contained therein.
7
10.
In answer to the allegations of paragraph 10 of the complaint, defendant has no
8
information or belief to enable it to answer said allegations, and for that reason and basing its denial on
9
that ground, denies both generally and specifically, each and every, all and singular, the allegations
10
11
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
12
information or belief to enable it to answer said allegations, and for that reason and basing its denial on
13
that ground, denies both generally and specifically, each and every, all and singular, the allegations
14
contained therein, except to admit that defendant owns Crosswoods Park, which is located at 6742
15
Auburn Boulevard, Citrus Heights, California 95621.
16
12.
In answer to the allegations of paragraph 12 of the complaint, defendant has no
17
information or belief to enable it to answer said allegations, and for that reason and basing its denial on
18
that ground, denies both generally and specifically, each and every, all and singular, the allegations
19
contained therein.
IV.
20
21
13.
GOVERNMENT CLAIM
In answer to the allegations of paragraph 13 of the complaint, defendant has no
22
information or belief to enable it to answer said allegations, and for that reason and basing its denial on
23
that ground, denies both generally and specifically, each and every, all and singular, the allegations
24
contained therein.
25
14.
In answer to the allegations of paragraph 14 of the complaint, defendant has no
26
information or belief to enable it to answer said allegations, and for that reason and basing its denial on
27
that ground, denies both generally and specifically, each and every, all and singular, the allegations
28
contained therein.
-4DEFENDANTS SUNRISE RECREATION & PARK DISTRICT’S ANSWER
TO PLAINTIFF’S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
J:\1143\sf0010\Pld\P-Answer.docx
Case No: 2:12-CV-01998-LKK-EFB
1
15.
In answer to the allegations of paragraph 15 of the complaint, defendant has no
2
information or belief to enable it to answer said allegations, and for that reason and basing its denial on
3
that ground, denies both generally and specifically, each and every, all and singular, the allegations
4
contained therein.
V.
5
6
16.
FACTS UPON WHICH ALL CLAIMS ARE BASED
In answer to the allegations of sentence 1 of paragraph 16 of the complaint, admitted that
7
the Sylvan Oaks Public Library is located adjacent to Crosswoods Park; in answer to the remaining
8
allegations of sentence 1 of paragraph 16 of the complaint, defendant has no information or belief to
9
enable it to answer said allegations, and for that reason and basing its denial on that ground, denies both
10
generally and specifically, each and every, all and singular, the allegations contained therein. In answer
11
to the allegations of sentence 2 of paragraph 16 of the complaint, defendant has no information or belief
12
to enable it to answer said allegations, and for that reason and basing its denial on that ground, denies
13
both generally and specifically, each and every, all and singular, the allegations contained therein. In
14
answer to the allegations of sentence 3 of paragraph 16 of the complaint, admitted.
15
17.
In answer to the allegations of paragraph 17 of the complaint, defendant has no
16
information or belief to enable it to answer said allegations, and for that reason and basing its denial on
17
that ground, denies both generally and specifically, each and every, all and singular, the allegations
18
contained therein.
19
18.
In answer to the allegations of paragraph 18 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.
23
19.
In answer to the allegations of paragraph 19 of the complaint, defendant has no
24
information or belief to enable it to answer said allegations, and for that reason and basing its denial on
25
that ground, denies both generally and specifically, each and every, all and singular, the allegations
26
contained therein.
27
20.
28
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
-5DEFENDANTS SUNRISE RECREATION & PARK DISTRICT’S ANSWER
TO PLAINTIFF’S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
J:\1143\sf0010\Pld\P-Answer.docx
Case No: 2:12-CV-01998-LKK-EFB
1
that ground, denies both generally and specifically, each and every, all and singular, the allegations
2
contained therein.
3
21.
In answer to the allegations of paragraph 21 of the complaint, defendant has no
4
information or belief to enable it to answer said allegations, and for that reason and basing its denial on
5
that ground, denies both generally and specifically, each and every, all and singular, the allegations
6
contained therein.
7
22.
In answer to the allegations of paragraph 22 of the complaint, defendant has no
8
information or belief to enable it to answer said allegations, and for that reason and basing its denial on
9
that ground, denies both generally and specifically, each and every, all and singular, the allegations
10
contained therein.
11
23.
In answer to the allegations of paragraph 23 of the complaint, defendant has no
12
information or belief to enable it to answer said allegations, and for that reason and basing its denial on
13
that ground, denies both generally and specifically, each and every, all and singular, the allegations
14
contained therein.
15
24.
In answer to the allegations of paragraph 24 of the complaint, defendant has no
16
information or belief to enable it to answer said allegations, and for that reason and basing its denial on
17
that ground, denies both generally and specifically, each and every, all and singular, the allegations
18
contained therein.
19
25.
In answer to the allegations of paragraph 25 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.
23
26.
In answer to the allegations of paragraph 26 of the complaint, defendant has no
24
information or belief to enable it to answer said allegations, and for that reason and basing its denial on
25
that ground, denies both generally and specifically, each and every, all and singular, the allegations
26
contained therein.
27
27.
28
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
-6DEFENDANTS SUNRISE RECREATION & PARK DISTRICT’S ANSWER
TO PLAINTIFF’S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
J:\1143\sf0010\Pld\P-Answer.docx
Case No: 2:12-CV-01998-LKK-EFB
1
that ground, denies both generally and specifically, each and every, all and singular, the allegations
2
contained therein.
3
28.
In answer to the allegations of paragraph 28 of the complaint, to the extent the
4
allegations are directed against this answering defendant, defendant denies both generally and
5
specifically, each and every, all and singular, the allegations contained therein; to the extent the
6
allegations are directed against other defendants, defendant has no information or belief to enable it to
7
answer said allegations, and for that reason and basing its denial on that ground, denies both generally
8
and specifically, each and every, all and singular, the allegations contained therein.
29.
9
In answer to the allegations of paragraph 29 of the complaint, to the extent the
10
allegations are directed against this answering defendant, defendant denies both generally and
11
specifically, each and every, all and singular, the allegations contained therein; to the extent the
12
allegations are directed against other defendants, defendant has no information or belief to enable it to
13
answer said allegations, and for that reason and basing its denial on that ground, denies both generally
14
and specifically, each and every, all and singular, the allegations contained therein.
30.
15
In answer to the allegations of paragraph 30 of the complaint, to the extent the
16
allegations are directed against this answering defendant, defendant denies both generally and
17
specifically, each and every, all and singular, the allegations contained therein; to the extent the
18
allegations are directed against other defendants, defendant has no information or belief to enable it to
19
answer said allegations, and for that reason and basing its denial on that ground, denies both generally
20
and specifically, each and every, all and singular, the allegations contained therein.
VI.
21
31.
22
NOTICE
In answer to the allegations of paragraph 31 of the complaint, including footnote number
23
1, 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.
26
///
27
///
28
///
-7DEFENDANTS SUNRISE RECREATION & PARK DISTRICT’S ANSWER
TO PLAINTIFF’S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
J:\1143\sf0010\Pld\P-Answer.docx
Case No: 2:12-CV-01998-LKK-EFB
VII.
1
2
CLAIMS FOR RELIEF
3
FIRST CAUSE OF ACTION:
VIOLATION OF THE
AMERICANS WITH DISABILITIES ACT – TITLE II
4
42 U.S.C. § 1210 et seq. and § 12131 et seq.
32.
5
In answer to the allegations of paragraph 32 of the complaint, this paragraph contains
6
plaintiff’s incorporation by reference of previous paragraphs, to which no response is required. To the
7
extent a response is deemed required, defendant denies both generally and specifically, each and every,
8
all and singular, the allegations contained therein.
33.
9
In answer to the allegations of paragraph 33 of the complaint, this paragraph contains
10
plaintiff’s characterization of the Americans with Disabilities Act, to which no response is required; to
11
the extent a response is deemed required, defendant denies both generally and specifically, each and
12
every, all and singular, the allegations contained therein, except to refer to the statute, which speaks for
13
itself.
34.
14
In answer to the allegations of paragraph 34 of the complaint, this paragraph contains
15
plaintiff’s characterization of the Americans with Disabilities Act, to which no response is required; to
16
the extent a response is deemed required, defendant denies both generally and specifically, each and
17
every, all and singular, the allegations contained therein, except to refer to the statute, which speaks for
18
itself.
19
35.
In answer to the allegations of sentence 1 of paragraph 35 of the complaint, admitted that
20
defendant owns Crosswoods Park; in answer to the remaining allegations of sentence 1 of paragraph 35
21
of the complaint, defendant has no information or belief to enable it to answer said allegations, and for
22
that reason and basing its denial on that ground, denies both generally and specifically, each and every,
23
all and singular, the allegations contained therein. In answer to the allegations of sentence 2 of
24
paragraph 35 of the complaint, this sentence contains plaintiff’s characterization of the Americans with
25
Disabilities Act, to which no response is required; to the extent a response is deemed required,
26
defendant denies both generally and specifically, each and every, all and singular, the allegations
27
contained therein, except to refer to the statute, which speaks for itself. In answer to the allegations of
28
sentence 3 of paragraph 35 of the complaint, admitted that defendant is a public entity; in answer to the
-8DEFENDANTS SUNRISE RECREATION & PARK DISTRICT’S ANSWER
TO PLAINTIFF’S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
J:\1143\sf0010\Pld\P-Answer.docx
Case No: 2:12-CV-01998-LKK-EFB
1
remaining allegations of sentence 3 of paragraph 35 of the complaint, defendant has no information or
2
belief to enable it to answer said allegations, and for that reason and basing its denial on that ground,
3
denies both generally and specifically, each and every, all and singular, the allegations contained
4
therein.
5
36.
In answer to the allegations of sentence 1 through subparagraphs a), b) and c) of
6
paragraph 36 of the complaint, to the extent the allegations are directed against this answering
7
defendant, defendant denies both generally and specifically, each and every, all and singular, the
8
allegations contained therein; to the extent the allegations are directed against other defendants,
9
defendant has no information or belief to enable it to answer said allegations, and for that reason and
10
basing its denial on that ground, denies both generally and specifically, each and every, all and singular,
11
the allegations contained therein. In answer to the allegations of subparagraphs c)i. through c)iii. of
12
paragraph 36 of the complaint, these subparagraphs contain plaintiff’s characterization of a federal
13
regulation, to which no response is required; to the extent a response is deemed required, defendant
14
denies both generally and specifically, each and every, all and singular, the allegations contained
15
therein, except to refer to the regulation, which speaks for itself.
16
37.
In answer to the allegations of sentences 1 and 2 of paragraph 37 of the complaint, to the
17
extent the allegations are directed against this answering defendant, defendant denies both generally
18
and specifically, each and every, all and singular, the allegations contained therein; to the extent the
19
allegations are directed against other defendants, defendant has no information or belief to enable it to
20
answer said allegations, and for that reason and basing its denial on that ground, denies both generally
21
and specifically, each and every, all and singular, the allegations contained therein. In answer to the
22
allegations of sentence 3 of paragraph 37 of the complaint, this sentence contains plaintiff’s
23
characterization of relief sought, to which no response is required; to the extent a response is deemed
24
required, defendant denies both generally and specifically, each and every, all and singular, the
25
allegations contained therein, and specifically denies that plaintiff is entitled to any relief.
26
In answer to the allegations of the sentence following paragraph 37 of the complaint, this
27
sentence contains plaintiff’s characterization of relief sought, to which no response is required; to the
28
extent a response is deemed required, defendant denies both generally and specifically, each and every,
-9DEFENDANTS SUNRISE RECREATION & PARK DISTRICT’S ANSWER
TO PLAINTIFF’S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
J:\1143\sf0010\Pld\P-Answer.docx
Case No: 2:12-CV-01998-LKK-EFB
1
all and singular, the allegations contained therein, and specifically denies that plaintiff is entitled to any
2
relief.
3
SECOND CAUSE OF ACTION:
VIOLATION OF SECTION 504 OF THE REHABILITATION ACT
4
29 U.S.C. § 794
5
38.
In answer to the allegations of paragraph 38 of the complaint, this paragraph contains
6
plaintiff’s incorporation by reference of previous paragraphs, to which no response is required. To the
7
extent a response is deemed required, defendant denies both generally and specifically, each and every,
8
all and singular, the allegations contained therein.
9
39.
In answer to the allegations of paragraph 39 of the complaint, this paragraph contains
10
plaintiff’s characterization of the Rehabilitation Act, to which no response is required; to the extent a
11
response is deemed required, defendant denies both generally and specifically, each and every, all and
12
singular, the allegations contained therein, except to refer to the statute, which speaks for itself.
13
40.
In answer to the allegations of sentence 1 of paragraph 40 of the complaint, defendant
14
admits that it is a governmental agency; in answer to the remaining allegations of sentence 1 of
15
paragraph 40 of the complaint, defendant has no information or belief to enable it to answer said
16
allegations, and for that reason and basing its denial on that ground, denies both generally and
17
specifically, each and every, all and singular, the allegations contained therein. In answer to the
18
allegation, in sentence 2 of paragraph 40 of the complaint, “but which are denied to Plaintiff on the
19
basis of disability[,]” to the extent the allegation is directed against this answering defendant, defendant
20
denies both generally and specifically, each and every, all and singular, the allegation; in answer to the
21
remaining allegations of sentence 2 of paragraph 40 of the complaint, defendant has no information or
22
belief to enable it to answer said allegations, and for that reason and basing its denial on that ground,
23
denies both generally and specifically, each and every, all and singular, the allegations contained
24
therein.
25
41.
In answer to the allegations of paragraph 41 of the complaint, to the extent the
26
allegations are directed against this answering defendant, defendant denies both generally and
27
specifically, each and every, all and singular, the allegations contained therein; to the extent the
28
allegations are directed against other defendants, defendant has no information or belief to enable it to
-10DEFENDANTS SUNRISE RECREATION & PARK DISTRICT’S ANSWER
TO PLAINTIFF’S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
J:\1143\sf0010\Pld\P-Answer.docx
Case No: 2:12-CV-01998-LKK-EFB
1
answer said allegations, and for that reason and basing its denial on that ground, denies both generally
2
and specifically, each and every, all and singular, the allegations contained therein.
42.
3
In answer to the allegations of sentence 1 of paragraph 42 of the complaint, to the extent
4
the allegations are directed against this answering defendant, defendant denies both generally and
5
specifically, each and every, all and singular, the allegations contained therein; to the extent the
6
allegations are directed against other defendants, defendant has no information or belief to enable it to
7
answer said allegations, and for that reason and basing its denial on that ground, denies both generally
8
and specifically, each and every, all and singular, the allegations contained therein. In answer to the
9
allegations of sentence 2 of paragraph 42 of the complaint, this sentence contains plaintiff’s
10
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
12
allegations contained therein, and specifically denies that plaintiff is entitled to any relief.
43.
13
In answer to the allegations of paragraph 43 of the complaint, this paragraph contains
14
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.
17
In answer to the allegations of paragraph 44 of the complaint, to the extent the
18
allegations are directed against this answering defendant, defendant denies both generally and
19
specifically, each and every, all and singular, the allegations contained therein; to the extent the
20
allegations are directed against other defendants, defendant has no information or belief to enable it to
21
answer said allegations, and for that reason and basing its denial on that ground, denies both generally
22
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
23
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.
28
///
-11DEFENDANTS SUNRISE RECREATION & PARK DISTRICT’S ANSWER
TO PLAINTIFF’S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
J:\1143\sf0010\Pld\P-Answer.docx
Case No: 2:12-CV-01998-LKK-EFB
1
THIRD CAUSE OF ACTION:
2
Cal. Gov’t Codes §§ 11135 and 4450 et seq.
3
45.
In answer to the allegations of paragraph 45 of the complaint, this paragraph contains
4
plaintiff’s incorporation by reference of previous paragraphs, to which no response is required. To the
5
extent a response is deemed required, defendant denies both generally and specifically, each and every,
6
all and singular, the allegations contained therein.
7
46.
In answer to the allegations of paragraph 46 of the complaint, from “Plaintiff is
8
informed…” through “…Government Code § 1135,” to the extent the allegations are directed against
9
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
11
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
14
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
18
defendant owns the Park; in answer to the remaining allegations of sentence 1 of paragraph 47 of the
19
complaint, defendant has no information or belief to enable it to answer said allegations, and for that
20
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
22
47 of the complaint, from “Plaintiff is further…” through “…public portions of the Library and Park,”
23
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
26
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
-12DEFENDANTS SUNRISE RECREATION & PARK DISTRICT’S ANSWER
TO PLAINTIFF’S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
J:\1143\sf0010\Pld\P-Answer.docx
Case No: 2:12-CV-01998-LKK-EFB
1
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
3
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
6
specifically, each and every, all and singular, the allegations contained therein; to the extent the
7
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
9
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
11
allegations are directed against this answering defendant, defendant denies both generally and
12
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
14
answer said allegations, and for that reason and basing its denial on that ground, denies both generally
15
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
16
17
sentence contains plaintiff’s characterization of relief sought, to which no response is required; to the
18
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.
21
22
23
50.
In answer to the allegations of paragraph 50 of the complaint, this paragraph contains
24
plaintiff’s incorporation by reference of previous paragraphs, 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.
27
28
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
-13DEFENDANTS SUNRISE RECREATION & PARK DISTRICT’S ANSWER
TO PLAINTIFF’S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
J:\1143\sf0010\Pld\P-Answer.docx
Case No: 2:12-CV-01998-LKK-EFB
1
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
7
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
10
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
23
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.
28
///
-14DEFENDANTS SUNRISE RECREATION & PARK DISTRICT’S ANSWER
TO PLAINTIFF’S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
J:\1143\sf0010\Pld\P-Answer.docx
Case No: 2:12-CV-01998-LKK-EFB
VIII. PRAYER FOR RELIEF
1
2
In answer to the allegations of page 18, lines 5-20 of the complaint, these allegations contain
3
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.
8
AFFIRMATIVE DEFENSES
9
FIRST AFFIRMATIVE DEFENSE
10
11
12
13
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
14
15
16
17
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
20
21
22
23
24
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
25
26
27
28
AS AND FOR A FOURTH, SEPARATE AND DISTINCT DEFENSE, DEFENDANT
ALLEGES:
Plaintiff has failed to exhaust her administrative remedies, and therefore plaintiff’s complaint
-15DEFENDANTS SUNRISE RECREATION & PARK DISTRICT’S ANSWER
TO PLAINTIFF’S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
J:\1143\sf0010\Pld\P-Answer.docx
Case No: 2:12-CV-01998-LKK-EFB
1
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
13
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
18
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.
26
27
///
28
///
-16DEFENDANTS SUNRISE RECREATION & PARK DISTRICT’S ANSWER
TO PLAINTIFF’S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
J:\1143\sf0010\Pld\P-Answer.docx
Case No: 2:12-CV-01998-LKK-EFB
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 A 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 unclean
8
9
hands, estoppel 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.
25
26
///
27
///
28
///
-17DEFENDANTS SUNRISE RECREATION & PARK DISTRICT’S ANSWER
TO PLAINTIFF’S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
J:\1143\sf0010\Pld\P-Answer.docx
Case No: 2:12-CV-01998-LKK-EFB
1
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
23
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
-18DEFENDANTS SUNRISE RECREATION & PARK DISTRICT’S ANSWER
TO PLAINTIFF’S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
J:\1143\sf0010\Pld\P-Answer.docx
Case No: 2:12-CV-01998-LKK-EFB
1
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.
27
28
///
-19DEFENDANTS SUNRISE RECREATION & PARK DISTRICT’S ANSWER
TO PLAINTIFF’S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
J:\1143\sf0010\Pld\P-Answer.docx
Case No: 2:12-CV-01998-LKK-EFB
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
22
23
24
25
26
27
28
-20DEFENDANTS SUNRISE RECREATION & PARK DISTRICT’S ANSWER
TO PLAINTIFF’S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
J:\1143\sf0010\Pld\P-Answer.docx
Case No: 2:12-CV-01998-LKK-EFB
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?