SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
LEONARD NORMAN COHEN, an individual, Case No. BC338322
LEONARD COHEN INVESTMENTS, LLC, a
Delaware Limited Liability Company, ANSWER OF DEFENDANT KELLEY LYNCH
Plaintiffs Department 64
Judge Ken Freeman
vs.
KELLEY ANN LYNCH, an individual, Complaint Filed August 15, 2005
Defendant
DEFENDANT, KELLEY ANN LYNCH, answers Plaintiffs’ Complaint as follows:
Pursuant to Code of Civil Procedure Section
431.30(d), this answering Defendant denies the allegations of the
Complaint, and each and every part thereof, and further denies that
Plaintiffs have sustained or will sustain injuries, damages, or loss in
any amount, or at all, by reason of any act or omission, fault,
negligence, or conduct on the part of or attributable to this answering
defendant.
FOR A FIRST, SEPARATE, AND AFFIRMATIVE DEFENSE
(Failure to State a Cause of Action)
This answering Defendant alleges that Plaintiffs’ Complaint fails to
state facts sufficient to sustain a claim for relief or a cause of
action against this answering Defendant.
FOR A SECOND, SEPARATE, AND AFFIRMATIVE DEFENSE
(Failure to Mitigate Damages)
This answering Defendant alleges that Plaintiffs, with actual or
constructive knowledge of the facts alleged in the Complaint, were under
a duty to mitigate damages, if any, and Plaintiffs failed to fulfill
such duty; as a consequence thereof, this answering Defendant is
exonerated from liability to Plaintiffs, and all damages alleged are the
sole and proximate cause of Plaintiffs’ failure to mitigate their
damages.
FOR A THIRD, SEPARATE, AND AFFIRMATIVE DEFENSE
(Plaintiffs’ Comparative Fault)
The answering Defendant alleges that Plaintiffs are barred from
recovery herein in that conduct of Plaintiffs and/or their agents was
the sole proximate cause of the act or acts, or event or events, alleged
in the Complaint, and damages, if any, must be reduced in proportion to
Plaintiffs’ own conduct.
FOR A FOURTH, SEPARATE, AND AFFIRMATIVE DEFENSE
(Comparative Fault of Others)
The answering Defendant alleges that the conduct of other persons not
sued and served herein, proximately contributed to the act or acts, or
event or events, which are the subject of the complaint on file herein,
and that if any judgment is rendered in favor of Plaintiffs herein, the
conduct of said other parties be determined and allocated in proportion,
and that any judgment entered against this answering Defendant be
reduced in the amounts thereof.
FOR A FIFTH, SEPARATE, AND AFFIRMATIVE DEFENSE
(Intervening and Superseding Causes)
This answering Defendant alleges the injuries and damages of which
Plaintiffs complain were proximately caused by the acts or omissions of
other parties, persons and/or entities in that said acts or omissions
were intervening and superseding causes of injuries and damages, if any,
of which Plaintiffs complain, thus barring Plaintiffs from any
recovering against this answering Defendant.
FOR A SIXTH, SEPARATE, AND AFFIRMATIVE DEFENSE
(Proposition 51 - Civil Code Section 1431.2)
This answering Defendant denies that she was responsible for the
damages as alleged by Plaintiffs in the complaint. However, if
liability is found, this answering Defendant may may be held liable only
in the amount of non-economic damages allocated to her in direct
proportion to her percentage of fault, pursuant to Civil Code Section 1431.2.
FOR A SEVENTH, SEPARATE, AND AFFIRMATIVE DEFENSE
(Ratification)
This answering Defendant alleges that Plaintiffs are barred from
recovery herein in that Plaintiffs, being fully informed of the act or
acts, event or events, of which Plaintiffs now complain, ratified and
affirmed all conduct with respect to the act or acts, event or events,
and therefore Plaintiffs have waived any and all causes of action
against this answering Defendant and are barred from asserting the same.
FOR AN EIGHTH, SEPARATE, AND AFFIRMATIVE DEFENSE
(Voluntary Consent)
This answering Defendant alleges that Plaintiffs are barred from any
recovery in the present action in that Plaintiffs willingly and
voluntarily consented, expressly or impliedly, after full and complete
disclosure by this answering Defendant of all relevant and material
facts, to any and all such act or acts, event or events, as may be shown
on the part of this answering Defendant, of which Plaintiffs now
complain. Plaintiffs have, therefore, waived any and all causes of
action against this answering Defendant and are barred from asserting
same.
FOR A NINTH, SEPARATE, AND AFFIRMATIVE DEFENSE
(Estoppel)
This answering Defendant alleges that the acts of Plaintiffs and/or
their agents are acts which estop Plaintiffs from asserting any cause of
action against this answering Defendant.
FOR A TENTH, SEPARATE, AND AFFIRMATIVE DEFENSE
(Unclean Hands)
This answering Defendant alleges that Plaintiffs’ entire action is barred pursuant to the doctrine of unclean hands.
FOR AN ELEVENTH, SEPARATE, AND AFFIRMATIVE DEFENSE
(Waiver)
This answering Defendant alleges that the acts and statements of
Plaintiffs, and/or their agents, constitute a waiver of Plaintiffs’
claims against this answering Defendant.
FOR A TWELFTH, SEPARATE, AND AFFIRMATIVE DEFENSE
(Assumption of Risk)
This answering Defendant alleges that Plaintiffs are barred from
recovery herein because Plaintiffs knowingly assumed all risks incident
to the conduct alleged in the complaint.
FOR A THIRTEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE
(Punitive Damages Unconstitutional)
This answering Defendant alleges that punitive damages, as sought
against her in this action, are unconstitutional under the United States
and California Constitutions.
WHEREFORE, Defendant Kelley Lynch prays as follows:
1. That Plaintiffs’ Complaint be dismissed with prejudice, and that Plaintiffs take nothing thereby;
2. That judgment be entered in favor of this answering Defendant;
3. That this answering Defendant be awarded costs of suit incurred herein;
4. For attorneys fees to the extent allowable by law;
5. For a full accounting (that includes corporate ownership
interests, asset valuations, equity liabilities - including Plaintiffs’
loans from various entities) of all monies and assets owed Defendant;
and,
6. For such other and further relief as this court deems just and proper under the circumstances.
Dated: May ____, 2013
_____________________________________
Kelley Lynch
