Case 2:17-cv-00140-RWS-RSP Document 26-5 Filed 07/13/17 Page 1 of 19 PageID #: 373
`Case 2:17-cv—00140-RWS—RSP Document 26-5 Filed 07/13/17 Page 1 of 19 PageID #: 373
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT E
`EXHIBIT E
`
`
`
`
`
`
`

`

`
`
`Case 5:10-cv-01189-LHK Document 183 Filed 04/26/11 Page 1 of 18Case 2:17-cv-00140-RWS-RSP Document 26-5 Filed 07/13/17 Page 2 of 19 PageID #: 374
`
`
`
`Richard Wahng (SBN 225672)
`Lee E. Sheldon (SBN 263310)
`LAW OFFICES OF RICHARD C.J. WAHNG
`152 Anza Street, Suite 201
`Fremont, CA 94539
`(510) 490-4447 Telephone
`(510) 344-5755 Fax
`
`
`Attorney for Defendants, A Perfect Day Franchise, Inc.,
`Minjian Hand Healing Institute, Inc., Jin Qui and Tailiang Li
`
`
`
`GUIFU LI, MENG WANG, FANG DAI, LIN
`CUI, and ZHONG YU on behalf of themselves
`and all others similarly situated,
`
`
`
` vs.
`
`
`
`Plaintiffs,
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`
`Case No. CV 10-01189 LHK (PSG)
`
`CLASS ACTION
`
`DEFENDANT, A PERFECT DAY
`FRANCHISE, INC.’S ANSWER TO
`PLAINTIFFS’ SECOND AMENDED
`COMPLAINT
`
`
`
`
`
`
` A
`
` PERFECT DAY FRANCHISE, INC., a
`California Corporation, A PERFECT DAY,
`INC., a California Corporation; MINJIAN
`HAND HEALING INSTITUTE, INC., a
`California Corporation; TOM SCHRINER, an
`individual; TAILIANG LI, an individual; JIN
`QUI, an individual; JESSE DOE, an individual;
`and DOES 1 to 10, inclusive
`
`
`
`Defendants.
`
`
`
`Defendant A PERFECT DAY FRANCHISE, INC. (hereinafter “DEFENDANT”), by and
`
`through its attorneys of record, the Law Offices of Richard Wahng, states for its Answer and
`
`Affirmative Defenses to the First Amended Complaint of plaintiffs GUIFU LI, MENG WANG,
`
`FANG DAI, LIN CUI, and ZHONG YU, as follows:
`
`NATURE OF CLAIM
`
`1. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`required. To the extent that this paragraph contains factual allegations they are denied.
`
`ANSWER TO SECOND AMENDED COMPLAINT
`
`
`
`CV 10-01189 LHK
`
`
`
`1
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`

`

`
`
`Case 5:10-cv-01189-LHK Document 183 Filed 04/26/11 Page 2 of 18Case 2:17-cv-00140-RWS-RSP Document 26-5 Filed 07/13/17 Page 3 of 19 PageID #: 375
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`2. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies
`
`each and every allegation contained in this paragraph.
`
`3. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies
`
`each and every allegation contained in this paragraph.
`
`
`
`PARTIES
`
`4. DEFENDANT admits that GUIFU LI contracted with DEFENDANT to work as a
`
`10
`
`massage therapist, but is without knowledge or information sufficient to form a belief as to the
`
`11
`
`truth of the remaining allegations, and on that basis denies.
`
`12
`
`5. DEFENDANT admits that MENG WANG contracted with DEFENDANT to work as
`
`13
`
`a massage therapist, but is without knowledge or information sufficient to form a belief as to the
`
`14
`
`truth of the remaining allegations, and on that basis denies.
`
`15
`
`6. DEFENDANT admits that FANG DAI contracted with DEFENDANT to work as a
`
`16
`
`massage therapist, but is without knowledge or information sufficient to form a belief as to the
`
`17
`
`truth of the remaining allegations, and on that basis denies.
`
`18
`
`7. DEFENDANT admits that LIN CUI contracted with DEFENDANT to work as a
`
`19
`
`massage therapist, but is without knowledge or information sufficient to form a belief as to the
`
`20
`
`truth of the remaining allegations, and on that basis denies.
`
`21
`
`8. DEFENDANT admits that ZHONG YU contracted with DEFENDANT to work as a
`
`22
`
`massage therapist, but is without knowledge or information sufficient to form a belief as to the
`
`23
`
`truth of the remaining allegations, and on that basis denies.
`
`24
`
`9. DEFENDANT admits that it is a California corporation and has business locations in
`
`25
`
`Fremont, Santa Clara, and Milbrae, California. DEFENDANT denies all of the remaining
`
`26
`
`allegations contained in this paragraph.
`
`10. DEFENDANT denies each and every allegation contained in this paragraph.
`
`27
`
`28
`
`
`
`ANSWER TO SECOND AMENDED COMPLAINT
`
`
`
`CV 10-01189 LHK
`
`
`
`2
`
`

`

`
`
`Case 5:10-cv-01189-LHK Document 183 Filed 04/26/11 Page 3 of 18Case 2:17-cv-00140-RWS-RSP Document 26-5 Filed 07/13/17 Page 4 of 19 PageID #: 376
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`11. DEFENDANT is without knowledge or information sufficient to form a belief as to
`
`the allegations contained in this paragraph regarding Minjian’s corporate structure and principal
`
`place of business, and on that basis denies. Defendant denies all of the remaining allegations
`
`contained in this paragraph.
`
`12. DEFENDANT admits that Tom Schriner is an individual, and denies all of the
`
`remaining allegations contained in this paragraph.
`
`13. DEFENDANT is without knowledge or information sufficient to form a belief as to
`
`the allegations contained in this paragraph regarding control of the Minjian Institute, and on that
`
`basis denies. DEFENDANT denies the remaining allegations contained in this paragraph.
`
`10
`
`14. DEFENDANT is without knowledge or information sufficient to form a belief as to
`
`11
`
`the allegations contained in this paragraph, and on that basis denies.
`
`12
`
`15. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`13
`
`required. To the extent that this paragraph contains factual allegations, DEFENDANT is without
`
`14
`
`knowledge or information sufficient to form a belief as to the truth of the allegations, and on that
`
`15
`
`basis denies.
`
`16
`
`16. DEFENDANT admits that Jade Li is an individual, a manager of Perfect Day Spa and
`
`17
`
`a relative of Tailiang Li. DEFENDANT denies all of the remaining allegations contained in this
`
`18
`
`paragraph.
`
`19
`
`17. DEFENDANT admits that Jun Ma is an individual and a manager of Perfect Day Spa.
`
`20
`
`DEFENDANT denies all of the remaining allegations contained in this paragraph.
`
`21
`
`18. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`22
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`23
`
`24
`
`19. DEFENDANT denies each and every allegation contained in this paragraph.
`
`20. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`25
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`26
`
`21. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`27
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`28
`
`
`
`ANSWER TO SECOND AMENDED COMPLAINT
`
`
`
`CV 10-01189 LHK
`
`
`
`3
`
`

`

`
`
`Case 5:10-cv-01189-LHK Document 183 Filed 04/26/11 Page 4 of 18Case 2:17-cv-00140-RWS-RSP Document 26-5 Filed 07/13/17 Page 5 of 19 PageID #: 377
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`22. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`JURISDICTION AND VENUE
`
`23. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`24. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`
`
`PLAINTIFFS’ CLASS ACTION ALLEGATIONS
`
`10
`
`25. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`11
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`12
`
`26. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`13
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`14
`
`27. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`15
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`16
`
`28. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`17
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`18
`
`29. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`19
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`20
`
`30. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`21
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`22
`
`31. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`23
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`24
`
`32. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`25
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`26
`
`33. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`27
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`28
`
`
`
`ANSWER TO SECOND AMENDED COMPLAINT
`
`
`
`CV 10-01189 LHK
`
`
`
`4
`
`

`

`
`
`Case 5:10-cv-01189-LHK Document 183 Filed 04/26/11 Page 5 of 18Case 2:17-cv-00140-RWS-RSP Document 26-5 Filed 07/13/17 Page 6 of 19 PageID #: 378
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`34. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`GENERAL ALLEGATIONS
`
`35. DEFENDANT denies each and every allegation contained in this paragraph.
`
`36. DEFENDANT denies each and every allegation contained in this paragraph.
`
`37. DEFENDANT denies each and every allegation contained in this paragraph.
`
`38. DEFENDANT denies each and every allegation contained in this paragraph.
`
`39. DEFENDANT denies each and every allegation contained in this paragraph.
`
`40. DEFENDANT denies each and every allegation contained in this paragraph.
`
`41. DEFENDANT denies each and every allegation contained in this paragraph.
`
`42. DEFENDANT denies each and every allegation contained in this paragraph.
`
`43. DEFENDANT denies each and every allegation contained in this paragraph.
`
`44. DEFENDANT denies each and every allegation contained in this paragraph.
`
`45. DEFENDANT denies each and every allegation contained in this paragraph.
`
`46. DEFENDANT denies each and every allegation contained in this paragraph.
`
`47. DEFENDANT denies each and every allegation contained in this paragraph.
`
`48. DEFENDANT denies each and every allegation contained in this paragraph.
`
`49. DEFENDANT denies each and every allegation contained in this paragraph.
`
`50. DEFENDANT denies each and every allegation contained in this paragraph.
`
`51. DEFENDANT denies each and every allegation contained in this paragraph.
`
`52. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`22
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`23
`
`53. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`24
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`25
`
`26
`
`27
`
`28
`
`
`
`54. DEFENDANT denies each and every allegation contained in this paragraph.
`
`55. DEFENDANT denies each and every allegation contained in this paragraph.
`
`56. DEFENDANT denies each and every allegation contained in this paragraph.
`
`
`
`ANSWER TO SECOND AMENDED COMPLAINT
`
`
`
`CV 10-01189 LHK
`
`
`
`5
`
`

`

`
`
`Case 5:10-cv-01189-LHK Document 183 Filed 04/26/11 Page 6 of 18Case 2:17-cv-00140-RWS-RSP Document 26-5 Filed 07/13/17 Page 7 of 19 PageID #: 379
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`FIRST CAUSE OF ACTION
`
`57. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`required.
`
`58. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`59. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`60. DEFENDANT denies each and every allegation contained in this paragraph.
`
`61. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`10
`
`required.
`
`11
`
`12
`
`13
`
`14
`
`15
`
`62. DEFENDANT denies each and every allegation contained in this paragraph.
`
`63. DEFENDANT denies each and every allegation contained in this paragraph.
`
`64. DEFENDANT denies each and every allegation contained in this paragraph.
`
`65. DEFENDANT denies each and every allegation contained in this paragraph.
`
`SECOND CAUSE OF ACTION
`
`16
`
`
`
`66. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`17
`
`required.
`
`18
`
`67. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`19
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`20
`
`
`
`68. DEFENDANT is without knowledge or information with respect to the allegations
`
`21
`
`contained in this paragraph, and on that basis denies.
`
`22
`
`
`
`69. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`23
`
`required.
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`70. DEFENDANT denies each and every allegation contained in this paragraph.
`
`71. DEFENDANT denies each and every allegation contained in this paragraph.
`
`72. DEFENDANT denies each and every allegation contained in this paragraph.
`
`73. DEFENDANT denies each and every allegation contained in this paragraph.
`
`74. DEFENDANT denies each and every allegation contained in this paragraph.
`
`ANSWER TO SECOND AMENDED COMPLAINT
`
`
`
`CV 10-01189 LHK
`
`
`
`6
`
`

`

`
`
`Case 5:10-cv-01189-LHK Document 183 Filed 04/26/11 Page 7 of 18Case 2:17-cv-00140-RWS-RSP Document 26-5 Filed 07/13/17 Page 8 of 19 PageID #: 380
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`75. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`THIRD CAUSE OF ACTION
`
`
`
`76. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`required.
`
`
`
`77. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`78. DEFENDANT denies each and every allegation contained in this paragraph.
`
`79. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`10
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`11
`
`80. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`12
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`13
`
`FOURTH CAUSE OF ACTION
`
`14
`
`
`
`81. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`15
`
`required.
`
`16
`
`
`
`82. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`17
`
`required.
`
`18
`
`19
`
`83. DEFENDANT denies each and every allegation contained in this paragraph.
`
`84. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`20
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`21
`
`85. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`22
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`23
`
`FIFTH CAUSE OF ACTION
`
`24
`
`
`
`86. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`25
`
`required.
`
`26
`
`87. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`27
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`28
`
`
`
`88. DEFENDANT denies each and every allegation contained in this paragraph.
`
`ANSWER TO SECOND AMENDED COMPLAINT
`
`
`
`CV 10-01189 LHK
`
`
`
`7
`
`

`

`
`
`Case 5:10-cv-01189-LHK Document 183 Filed 04/26/11 Page 8 of 18Case 2:17-cv-00140-RWS-RSP Document 26-5 Filed 07/13/17 Page 9 of 19 PageID #: 381
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`89. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`90. DEFENDANT denies each and every allegation contained in this paragraph.
`
`91. DEFENDANT denies each and every allegation contained in this paragraph.
`
`92. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`93. DEFENDANT is without knowledge or information with respect to the allegations
`
`contained in this paragraph, and on that basis denies.
`
`SIXTH CAUSE OFACTION
`
`10
`
`
`
`94. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`11
`
`required.
`
`12
`
`95. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`13
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`14
`
`15
`
`96. DEFENDANT denies each and every allegation contained in this paragraph.
`
`97. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`16
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`17
`
`SEVENTH CAUSE OF ACTION
`
`18
`
`
`
`98. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`19
`
`required.
`
`20
`
`
`
`99. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`21
`
`required.
`
`22
`
`
`
`100. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`23
`
`required.
`
`24
`
`
`
`101. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`25
`
`required.
`
`26
`
`102. DEFENDANT denies each and every allegation contained in this paragraph.
`
`27
`
`///
`
`28
`
`///
`
`
`
`ANSWER TO SECOND AMENDED COMPLAINT
`
`
`
`CV 10-01189 LHK
`
`
`
`8
`
`

`

`
`
`Case 5:10-cv-01189-LHK Document 183 Filed 04/26/11 Page 9 of 18Case 2:17-cv-00140-RWS-RSP Document 26-5 Filed 07/13/17 Page 10 of 19 PageID #: 382
`
`
`
`
`
`EIGHTH CAUSE OF ACTION
`
`103. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`required.
`
`
`
`104. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`required.
`
`105. DEFENDANT denies each and every allegation contained in this paragraph.
`
`106. DEFENDANT denies each and every allegation contained in this paragraph.
`
`107. DEFENDANT denies each and every allegation contained in this paragraph.
`
`108. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`11
`
`NINTH CAUSE OF ACTION
`
`12
`
`
`
`109. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`13
`
`required.
`
`14
`
`
`
`110. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`15
`
`required.
`
`16
`
`17
`
`18
`
`19
`
`20
`
`111. DEFENDANT denies each and every allegation contained in this paragraph.
`
`112. DEFENDANT denies each and every allegation contained in this paragraph.
`
`113. DEFENDANT denies each and every allegation contained in this paragraph.
`
`113. DEFENDANT denies each and every allegation contained in this paragraph.
`
`115. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`21
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`22
`
`116. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`23
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`24
`
`25
`
`TENTH CAUSE OF ACTION
`
`117. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`26
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`27
`
`118. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`28
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`
`
`ANSWER TO SECOND AMENDED COMPLAINT
`
`
`
`CV 10-01189 LHK
`
`
`
`9
`
`

`

`
`
`Case 5:10-cv-01189-LHK Document 183 Filed 04/26/11 Page 10 of 18Case 2:17-cv-00140-RWS-RSP Document 26-5 Filed 07/13/17 Page 11 of 19 PageID #: 383
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`119. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`120. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`121. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`122. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`123. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`10
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`11
`
`124. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`12
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`13
`
`125. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`14
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`15
`
`126. The allegations in this paragraph amount to legal conclusions to which no answer is
`
`16
`
`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
`
`17
`
`18
`
`
`
`Defendant denies that plaintiffs are entitled to any of the relief for which plaintiffs have
`
`19
`
`prayed, including without limitation compensatory damages, lost wages, prejudgment interest,
`
`20
`
`attorney fees and costs of suit.
`
`21
`
`Defendant hereby denies any and all allegations made by plaintiffs unless specially
`
`22
`
`admitted herein. In addition, Defendant asserts the following affirmative defenses:
`
`23
`
`24
`
`FIRST AFFIRMATIVE DEFENSE
`
`As a FIRST, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges that
`
`25
`
`Plaintiffs’ Complaint fails to state facts sufficient to constitute a cause of action and fails to set
`
`26
`
`forth any claim for which relief may be granted.
`
`27
`
`///
`
`28
`
`///
`
`
`
`ANSWER TO SECOND AMENDED COMPLAINT
`
`
`
`CV 10-01189 LHK
`
`
`
`10
`
`

`

`
`
`Case 5:10-cv-01189-LHK Document 183 Filed 04/26/11 Page 11 of 18Case 2:17-cv-00140-RWS-RSP Document 26-5 Filed 07/13/17 Page 12 of 19 PageID #: 384
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`SECOND AFFIRMATIVE DEFENSE
`
`As a SECOND, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges that
`
`each purported cause of action set forth in the Complaint is barred in whole or in part by the
`
`applicable statute(s) of limitation, including without limitation, the three-year limitations period
`
`contained in California Code of Civil Procedure section 340(a) and (b) and sections 338(a) and
`
`338(d); the one-year limitation period governing recovery of statutory penalties contained in
`
`California Code of Civil Procedure section 340(a); and the two-year limitations period governing
`
`claims for wrongful termination prescribed by California Code of Civil Procedure section 335.1.
`
`THIRD AFFIRMATIVE DEFENSE
`
`10
`
`As a THIRD, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges that the
`
`11
`
`court lacks personal jurisdiction over DEFENDANTS.
`
`12
`
`13
`
`FOURTH AFFIRMATIVE DEFENSE
`
`As a FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges that
`
`14
`
`all or portions or Plaintiffs’ claims are barred by the equitable doctrines of unclean hands,
`
`15
`
`waiver, estoppel, avoidable consequences and/or laches.
`
`16
`
`17
`
`FIFTH AFFIRMATIVE DEFENSE
`
`As a FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges that by
`
`18
`
`Plaintiffs’ conduct, Plaintiffs have waived and are estopped from asserting the causes of action
`
`19
`
`alleged against DEFENDANT in the Complaint.
`
`20
`
`21
`
`SIXTH AFFIRMATIVE DEFENSE
`
`As a SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges that
`
`22
`
`Plaintiff lacks standing to bring this action.
`
`23
`
`24
`
`SEVENTH AFFIRMATIVE DEFENSE
`
`As a SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges that
`
`25
`
`the Complaint is barred by Plaintiffs’ failure to avoid or mitigate damages.
`
`26
`
`27
`
`EIGHTH AFFIRMATIVE DEFENSE
`
`As an EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges that
`
`28
`
`the Complaint is barred because at all times alleged in the complaint, DEFENDANT acted in
`
`
`
`ANSWER TO SECOND AMENDED COMPLAINT
`
`
`
`CV 10-01189 LHK
`
`
`
`11
`
`

`

`
`
`Case 5:10-cv-01189-LHK Document 183 Filed 04/26/11 Page 12 of 18Case 2:17-cv-00140-RWS-RSP Document 26-5 Filed 07/13/17 Page 13 of 19 PageID #: 385
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`reasonable good faith, and DEFENDANT’S conduct was at all times reasonable, prudent and
`
`justified under the circumstances.
`
`NINTH AFFIRMATIVE DEFENSE
`
`As a NINTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges that
`
`Plaintiffs are precluded from asserting the causes of action in the complaint on the ground that
`
`Plaintiffs, or their agents, employees or other representatives, directed, ordered, ratified or
`
`approved the actions which form the causes of action set forth in the complaint.
`
`TENTH AFFIRMATIVE DEFENSE
`
`As a TENTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges that
`
`10
`
`any damage or loss sustained by plaintiffs, if such occurred, was proximately caused or
`
`11
`
`contributed to by plaintiffs’ own bad faith. Accordingly, plaintiffs’ recovery, if any, should be
`
`12
`
`reduced by that amount of bad faith attributable to the plaintiffs’ conduct.
`
`13
`
`14
`
`ELEVENTH AFFIRMATIVE DEFENSE
`
`As an ELEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges
`
`15
`
`that to the extent that Plaintiffs have obtained monies from other sources, any compensation
`
`16
`
`and/or monies allegedly due to Plaintiffs from DEFENDANT must be offset by all sums
`
`17
`
`received from any other source, including but not limited to, unemployment insurance, private
`
`18
`
`insurance, and any sums earned by plaintiff in other employment.
`
`19
`
`20
`
`TWELTH AFFIRMATIVE DEFENSE
`
`As a TWELTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges that,
`
`21
`
`even assuming arguendo that Defendant’s conduct was unlawful (which Defendant denies), such
`
`22
`
`conduct was not “willful” and it would therefore be inequitable to impose penalties.
`
`23
`
`24
`
`THIRTEENTH AFFIRMATIVE DEFENSE
`
`As a THIRTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges
`
`25
`
`that Plaintiffs’ claims under California Business and Professions Code §17200 et. seq., are barred
`
`26
`
`because Plaintiffs have an adequate remedy at law.
`
`27
`
`///
`
`28
`
`///
`
`
`
`ANSWER TO SECOND AMENDED COMPLAINT
`
`
`
`CV 10-01189 LHK
`
`
`
`12
`
`

`

`
`
`Case 5:10-cv-01189-LHK Document 183 Filed 04/26/11 Page 13 of 18Case 2:17-cv-00140-RWS-RSP Document 26-5 Filed 07/13/17 Page 14 of 19 PageID #: 386
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`FOURTEENTH AFFIRMATIVE DEFENSE
`
`As a FOURTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges
`
`that Pursuant to California Business and Professions Code §17200 et. seq., Plaintiffs’ claims for
`
`restitution are barred to the extent that these claims constitute damages.
`
`FIFTEENTH AFFIRMATIVE DEFENSE
`
` As a FIFTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges
`
`that Plaintiffs’ claims for recovery pursuant to California Business and Professions Code §17200
`
`et. seq., are barred with respect to penalties of any kind.
`
`SIXTEENTH AFFIRMATIVE DEFENSE
`
`10
`
`As a SIXTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges
`
`11
`
`that Plaintiffs’ claims seeking recovery in the form of restitution, disgorgement or injunctive
`
`12
`
`relief under California Business and Professions Code §17200 et. seq., are barred with respect to
`
`13
`
`any alleged violations that have been discontinued, ceased, or are not likely to recur.
`
`14
`
`15
`
`SEVENTEENTH AFFIRMATIVE DEFENSE
`
`As a SEVENTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant
`
`16
`
`alleges that Plaintiffs’ claims for statutory penalties under California Labor Code §203 must fail
`
`17
`
`because any nonpayment of wages alleged in the Complaint was not “’willful.”
`
`18
`
`19
`
`EIGHTEENTH AFFIRMATIVE DEFENSE
`
`As an EIGHTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant
`
`20
`
`alleges that Plaintiffs would be unjustly enriched if allowed to recover anything from
`
`21
`
`DEFENDANT.
`
`22
`
`23
`
`NINETEENTH AFFIRMATIVE DEFENSE
`
`As a NINETEENTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges
`
`24
`
`that Plaintiffs consented to the actions complained of.
`
`25
`
`26
`
`TWENTIETH AFFIRMATIVE DEFENSE
`
`As a TWENTIETH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges
`
`27
`
`that Plaintiffs’ claims are barred to the extent they failed to exhaust Administrative Remedies
`
`28
`
`required of them.
`
`
`
`ANSWER TO SECOND AMENDED COMPLAINT
`
`
`
`CV 10-01189 LHK
`
`
`
`13
`
`

`

`
`
`Case 5:10-cv-01189-LHK Document 183 Filed 04/26/11 Page 14 of 18Case 2:17-cv-00140-RWS-RSP Document 26-5 Filed 07/13/17 Page 15 of 19 PageID #: 387
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`TWENTY FIRST AFFIRMATIVE DEFENSE
`
`As a TWENTY FIRST, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant
`
`alleges that Plaintiffs’ claims are barred and preempted by the exclusive remedies provided by
`
`the Workers’ Compensation Statutes of the State of California, Labor Code §3200 et. seq.
`
`TWENTY SECOND AFFIRMATIVE DEFENSE
`
`As a TWENTY SECOND, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant
`
`alleges that Plaintiffs have failed to join an indispensable party.
`
`TWENTY THIRD AFFIRMATIVE DEFENSE
`
`As a TWENTY THIRD, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant
`
`10
`
`alleges that Plaintiffs are estopped by action of law or by conduct from maintaining the action
`
`11
`
`filed in this case.
`
`12
`
`13
`
`TWENTY FOURTH AFFIRMATIVE DEFENSE
`
`As a TWENTY FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant
`
`14
`
`alleges that Plaintiffs’ claim is filed in bad faith, is frivolous, has no merit, and for that reason
`
`15
`
`justifies an award of attorney’s fees and costs against Plaintiffs pursuant to California Code of
`
`16
`
`Civil Procedure sections 128.7 and 128.5.
`
`17
`
`18
`
`TWENTY FIFTH AFFIRMATIVE DEFENSE
`
`As a TWENTY FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant
`
`19
`
`alleges that neither Plaintiffs’ Complaint, nor any claim for relief alleged therein, states facts
`
`20
`
`sufficient to allow recovery of punitive or compensatory damages, attorney’s fees or costs.
`
`21
`
`22
`
`TWENTY SIXTH AFFIRMATIVE DEFENSE
`
`As a TWENTY SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant
`
`23
`
`alleges that any alleged violation of the California Labor Code, an order of the Industrial Welfare
`
`24
`
`Commission, or the Federal Fair Labor Standards Act was an act or omission made in good faith
`
`25
`
`and DEFENDANT had reasonable grounds for believing that policies and practices complied
`
`