`Case 2:17-cv—00140-RWS—RSP Document 26-5 Filed 07/13/17 Page 1 of 19 PageID #: 373
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`EXHIBIT E
`EXHIBIT E
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`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
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`
`
`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
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` 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.
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`
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`Defendant A PERFECT DAY FRANCHISE, INC. (hereinafter “DEFENDANT”), by and
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`through its attorneys of record, the Law Offices of Richard Wahng, states for its Answer and
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`Affirmative Defenses to the First Amended Complaint of plaintiffs GUIFU LI, MENG WANG,
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`FANG DAI, LIN CUI, and ZHONG YU, as follows:
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`NATURE OF CLAIM
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`1. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations they are denied.
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`ANSWER TO SECOND AMENDED COMPLAINT
`
`
`
`CV 10-01189 LHK
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`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
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`2. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies
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`each and every allegation contained in this paragraph.
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`3. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies
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`each and every allegation contained in this paragraph.
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`PARTIES
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`4. DEFENDANT admits that GUIFU LI contracted with DEFENDANT to work as a
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`10
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`massage therapist, but is without knowledge or information sufficient to form a belief as to the
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`11
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`truth of the remaining allegations, and on that basis denies.
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`5. DEFENDANT admits that MENG WANG contracted with DEFENDANT to work as
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`a massage therapist, but is without knowledge or information sufficient to form a belief as to the
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`truth of the remaining allegations, and on that basis denies.
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`6. DEFENDANT admits that FANG DAI contracted with DEFENDANT to work as a
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`massage therapist, but is without knowledge or information sufficient to form a belief as to the
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`truth of the remaining allegations, and on that basis denies.
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`7. DEFENDANT admits that LIN CUI contracted with DEFENDANT to work as a
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`massage therapist, but is without knowledge or information sufficient to form a belief as to the
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`truth of the remaining allegations, and on that basis denies.
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`8. DEFENDANT admits that ZHONG YU contracted with DEFENDANT to work as a
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`massage therapist, but is without knowledge or information sufficient to form a belief as to the
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`truth of the remaining allegations, and on that basis denies.
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`9. DEFENDANT admits that it is a California corporation and has business locations in
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`Fremont, Santa Clara, and Milbrae, California. DEFENDANT denies all of the remaining
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`allegations contained in this paragraph.
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`10. DEFENDANT denies each and every allegation contained in this paragraph.
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`ANSWER TO SECOND AMENDED COMPLAINT
`
`
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`CV 10-01189 LHK
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`2
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`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
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`11. DEFENDANT is without knowledge or information sufficient to form a belief as to
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`the allegations contained in this paragraph regarding Minjian’s corporate structure and principal
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`place of business, and on that basis denies. Defendant denies all of the remaining allegations
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`contained in this paragraph.
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`12. DEFENDANT admits that Tom Schriner is an individual, and denies all of the
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`remaining allegations contained in this paragraph.
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`13. DEFENDANT is without knowledge or information sufficient to form a belief as to
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`the allegations contained in this paragraph regarding control of the Minjian Institute, and on that
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`basis denies. DEFENDANT denies the remaining allegations contained in this paragraph.
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`14. DEFENDANT is without knowledge or information sufficient to form a belief as to
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`the allegations contained in this paragraph, and on that basis denies.
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`15. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations, DEFENDANT is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations, and on that
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`basis denies.
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`16. DEFENDANT admits that Jade Li is an individual, a manager of Perfect Day Spa and
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`a relative of Tailiang Li. DEFENDANT denies all of the remaining allegations contained in this
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`paragraph.
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`17. DEFENDANT admits that Jun Ma is an individual and a manager of Perfect Day Spa.
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`DEFENDANT denies all of the remaining allegations contained in this paragraph.
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`18. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`19. DEFENDANT denies each and every allegation contained in this paragraph.
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`20. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`21. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`ANSWER TO SECOND AMENDED COMPLAINT
`
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`CV 10-01189 LHK
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`3
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`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
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`22. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`JURISDICTION AND VENUE
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`23. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`24. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`PLAINTIFFS’ CLASS ACTION ALLEGATIONS
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`25. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`26. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`14
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`27. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`28. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`29. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`30. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`31. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`32. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`33. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`ANSWER TO SECOND AMENDED COMPLAINT
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`
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`CV 10-01189 LHK
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`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
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`34. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`GENERAL ALLEGATIONS
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`35. DEFENDANT denies each and every allegation contained in this paragraph.
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`36. DEFENDANT denies each and every allegation contained in this paragraph.
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`37. DEFENDANT denies each and every allegation contained in this paragraph.
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`38. DEFENDANT denies each and every allegation contained in this paragraph.
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`39. DEFENDANT denies each and every allegation contained in this paragraph.
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`40. DEFENDANT denies each and every allegation contained in this paragraph.
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`41. DEFENDANT denies each and every allegation contained in this paragraph.
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`42. DEFENDANT denies each and every allegation contained in this paragraph.
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`43. DEFENDANT denies each and every allegation contained in this paragraph.
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`44. DEFENDANT denies each and every allegation contained in this paragraph.
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`45. DEFENDANT denies each and every allegation contained in this paragraph.
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`46. DEFENDANT denies each and every allegation contained in this paragraph.
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`47. DEFENDANT denies each and every allegation contained in this paragraph.
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`48. DEFENDANT denies each and every allegation contained in this paragraph.
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`49. DEFENDANT denies each and every allegation contained in this paragraph.
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`50. DEFENDANT denies each and every allegation contained in this paragraph.
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`51. DEFENDANT denies each and every allegation contained in this paragraph.
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`52. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`53. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`54. DEFENDANT denies each and every allegation contained in this paragraph.
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`55. DEFENDANT denies each and every allegation contained in this paragraph.
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`56. DEFENDANT denies each and every allegation contained in this paragraph.
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`ANSWER TO SECOND AMENDED COMPLAINT
`
`
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`CV 10-01189 LHK
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`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
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`FIRST CAUSE OF ACTION
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`57. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required.
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`58. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`59. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`60. DEFENDANT denies each and every allegation contained in this paragraph.
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`61. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required.
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`62. DEFENDANT denies each and every allegation contained in this paragraph.
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`63. DEFENDANT denies each and every allegation contained in this paragraph.
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`64. DEFENDANT denies each and every allegation contained in this paragraph.
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`65. DEFENDANT denies each and every allegation contained in this paragraph.
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`SECOND CAUSE OF ACTION
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`66. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required.
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`67. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`68. DEFENDANT is without knowledge or information with respect to the allegations
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`contained in this paragraph, and on that basis denies.
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`69. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required.
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`70. DEFENDANT denies each and every allegation contained in this paragraph.
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`71. DEFENDANT denies each and every allegation contained in this paragraph.
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`72. DEFENDANT denies each and every allegation contained in this paragraph.
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`73. DEFENDANT denies each and every allegation contained in this paragraph.
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`74. DEFENDANT denies each and every allegation contained in this paragraph.
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`ANSWER TO SECOND AMENDED COMPLAINT
`
`
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`CV 10-01189 LHK
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`6
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`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
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`75. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`THIRD CAUSE OF ACTION
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`76. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required.
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`77. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`78. DEFENDANT denies each and every allegation contained in this paragraph.
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`79. The allegations in this paragraph amount to legal conclusions to which no answer is
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`10
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`80. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`FOURTH CAUSE OF ACTION
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`81. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required.
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`82. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required.
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`83. DEFENDANT denies each and every allegation contained in this paragraph.
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`84. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`85. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`FIFTH CAUSE OF ACTION
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`86. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required.
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`87. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`88. DEFENDANT denies each and every allegation contained in this paragraph.
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`ANSWER TO SECOND AMENDED COMPLAINT
`
`
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`CV 10-01189 LHK
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`7
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`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
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`89. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`90. DEFENDANT denies each and every allegation contained in this paragraph.
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`91. DEFENDANT denies each and every allegation contained in this paragraph.
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`92. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`93. DEFENDANT is without knowledge or information with respect to the allegations
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`contained in this paragraph, and on that basis denies.
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`SIXTH CAUSE OFACTION
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`94. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required.
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`95. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`96. DEFENDANT denies each and every allegation contained in this paragraph.
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`97. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`SEVENTH CAUSE OF ACTION
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`98. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required.
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`99. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required.
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`100. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required.
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`101. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required.
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`102. DEFENDANT denies each and every allegation contained in this paragraph.
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`///
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`///
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`ANSWER TO SECOND AMENDED COMPLAINT
`
`
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`CV 10-01189 LHK
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`8
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`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
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`EIGHTH CAUSE OF ACTION
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`103. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required.
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`104. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required.
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`105. DEFENDANT denies each and every allegation contained in this paragraph.
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`106. DEFENDANT denies each and every allegation contained in this paragraph.
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`107. DEFENDANT denies each and every allegation contained in this paragraph.
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`108. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`NINTH CAUSE OF ACTION
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`109. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required.
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`110. The allegations in this paragraph amount to legal conclusions to which no answer is
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`111. DEFENDANT denies each and every allegation contained in this paragraph.
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`112. DEFENDANT denies each and every allegation contained in this paragraph.
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`113. DEFENDANT denies each and every allegation contained in this paragraph.
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`113. DEFENDANT denies each and every allegation contained in this paragraph.
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`115. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`116. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`TENTH CAUSE OF ACTION
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`117. The allegations in this paragraph amount to legal conclusions to which no answer is
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`26
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`118. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`ANSWER TO SECOND AMENDED COMPLAINT
`
`
`
`CV 10-01189 LHK
`
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`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
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`119. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`120. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`121. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`122. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`123. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`124. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`125. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`126. The allegations in this paragraph amount to legal conclusions to which no answer is
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`required. To the extent that this paragraph contains factual allegations DEFENDANT denies.
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`Defendant denies that plaintiffs are entitled to any of the relief for which plaintiffs have
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`prayed, including without limitation compensatory damages, lost wages, prejudgment interest,
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`attorney fees and costs of suit.
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`Defendant hereby denies any and all allegations made by plaintiffs unless specially
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`admitted herein. In addition, Defendant asserts the following affirmative defenses:
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`FIRST AFFIRMATIVE DEFENSE
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`As a FIRST, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges that
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`Plaintiffs’ Complaint fails to state facts sufficient to constitute a cause of action and fails to set
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`forth any claim for which relief may be granted.
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`///
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`///
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`ANSWER TO SECOND AMENDED COMPLAINT
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`CV 10-01189 LHK
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`10
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`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
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`SECOND AFFIRMATIVE DEFENSE
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`As a SECOND, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges that
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`each purported cause of action set forth in the Complaint is barred in whole or in part by the
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`applicable statute(s) of limitation, including without limitation, the three-year limitations period
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`contained in California Code of Civil Procedure section 340(a) and (b) and sections 338(a) and
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`338(d); the one-year limitation period governing recovery of statutory penalties contained in
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`California Code of Civil Procedure section 340(a); and the two-year limitations period governing
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`claims for wrongful termination prescribed by California Code of Civil Procedure section 335.1.
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`THIRD AFFIRMATIVE DEFENSE
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`As a THIRD, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges that the
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`court lacks personal jurisdiction over DEFENDANTS.
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`FOURTH AFFIRMATIVE DEFENSE
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`As a FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges that
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`all or portions or Plaintiffs’ claims are barred by the equitable doctrines of unclean hands,
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`waiver, estoppel, avoidable consequences and/or laches.
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`FIFTH AFFIRMATIVE DEFENSE
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`As a FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges that by
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`Plaintiffs’ conduct, Plaintiffs have waived and are estopped from asserting the causes of action
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`alleged against DEFENDANT in the Complaint.
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`SIXTH AFFIRMATIVE DEFENSE
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`As a SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges that
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`Plaintiff lacks standing to bring this action.
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`SEVENTH AFFIRMATIVE DEFENSE
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`As a SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges that
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`the Complaint is barred by Plaintiffs’ failure to avoid or mitigate damages.
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`EIGHTH AFFIRMATIVE DEFENSE
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`As an EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges that
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`the Complaint is barred because at all times alleged in the complaint, DEFENDANT acted in
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`ANSWER TO SECOND AMENDED COMPLAINT
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`CV 10-01189 LHK
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`11
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`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
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`reasonable good faith, and DEFENDANT’S conduct was at all times reasonable, prudent and
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`justified under the circumstances.
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`NINTH AFFIRMATIVE DEFENSE
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`As a NINTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges that
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`Plaintiffs are precluded from asserting the causes of action in the complaint on the ground that
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`Plaintiffs, or their agents, employees or other representatives, directed, ordered, ratified or
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`approved the actions which form the causes of action set forth in the complaint.
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`TENTH AFFIRMATIVE DEFENSE
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`As a TENTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges that
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`any damage or loss sustained by plaintiffs, if such occurred, was proximately caused or
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`contributed to by plaintiffs’ own bad faith. Accordingly, plaintiffs’ recovery, if any, should be
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`reduced by that amount of bad faith attributable to the plaintiffs’ conduct.
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`ELEVENTH AFFIRMATIVE DEFENSE
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`As an ELEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges
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`that to the extent that Plaintiffs have obtained monies from other sources, any compensation
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`and/or monies allegedly due to Plaintiffs from DEFENDANT must be offset by all sums
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`received from any other source, including but not limited to, unemployment insurance, private
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`insurance, and any sums earned by plaintiff in other employment.
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`TWELTH AFFIRMATIVE DEFENSE
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`As a TWELTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges that,
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`even assuming arguendo that Defendant’s conduct was unlawful (which Defendant denies), such
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`conduct was not “willful” and it would therefore be inequitable to impose penalties.
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`THIRTEENTH AFFIRMATIVE DEFENSE
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`As a THIRTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges
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`that Plaintiffs’ claims under California Business and Professions Code §17200 et. seq., are barred
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`because Plaintiffs have an adequate remedy at law.
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`///
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`///
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`ANSWER TO SECOND AMENDED COMPLAINT
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`CV 10-01189 LHK
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`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
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`FOURTEENTH AFFIRMATIVE DEFENSE
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`As a FOURTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges
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`that Pursuant to California Business and Professions Code §17200 et. seq., Plaintiffs’ claims for
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`restitution are barred to the extent that these claims constitute damages.
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`FIFTEENTH AFFIRMATIVE DEFENSE
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` As a FIFTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges
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`that Plaintiffs’ claims for recovery pursuant to California Business and Professions Code §17200
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`et. seq., are barred with respect to penalties of any kind.
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`SIXTEENTH AFFIRMATIVE DEFENSE
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`As a SIXTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges
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`that Plaintiffs’ claims seeking recovery in the form of restitution, disgorgement or injunctive
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`relief under California Business and Professions Code §17200 et. seq., are barred with respect to
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`any alleged violations that have been discontinued, ceased, or are not likely to recur.
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`SEVENTEENTH AFFIRMATIVE DEFENSE
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`As a SEVENTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant
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`alleges that Plaintiffs’ claims for statutory penalties under California Labor Code §203 must fail
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`because any nonpayment of wages alleged in the Complaint was not “’willful.”
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`EIGHTEENTH AFFIRMATIVE DEFENSE
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`As an EIGHTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant
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`alleges that Plaintiffs would be unjustly enriched if allowed to recover anything from
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`DEFENDANT.
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`NINETEENTH AFFIRMATIVE DEFENSE
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`As a NINETEENTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges
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`that Plaintiffs consented to the actions complained of.
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`TWENTIETH AFFIRMATIVE DEFENSE
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`As a TWENTIETH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant alleges
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`that Plaintiffs’ claims are barred to the extent they failed to exhaust Administrative Remedies
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`required of them.
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`ANSWER TO SECOND AMENDED COMPLAINT
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`CV 10-01189 LHK
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`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
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`TWENTY FIRST AFFIRMATIVE DEFENSE
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`As a TWENTY FIRST, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant
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`alleges that Plaintiffs’ claims are barred and preempted by the exclusive remedies provided by
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`the Workers’ Compensation Statutes of the State of California, Labor Code §3200 et. seq.
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`TWENTY SECOND AFFIRMATIVE DEFENSE
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`As a TWENTY SECOND, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant
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`alleges that Plaintiffs have failed to join an indispensable party.
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`TWENTY THIRD AFFIRMATIVE DEFENSE
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`As a TWENTY THIRD, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant
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`alleges that Plaintiffs are estopped by action of law or by conduct from maintaining the action
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`filed in this case.
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`TWENTY FOURTH AFFIRMATIVE DEFENSE
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`As a TWENTY FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant
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`alleges that Plaintiffs’ claim is filed in bad faith, is frivolous, has no merit, and for that reason
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`justifies an award of attorney’s fees and costs against Plaintiffs pursuant to California Code of
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`Civil Procedure sections 128.7 and 128.5.
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`TWENTY FIFTH AFFIRMATIVE DEFENSE
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`As a TWENTY FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant
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`alleges that neither Plaintiffs’ Complaint, nor any claim for relief alleged therein, states facts
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`sufficient to allow recovery of punitive or compensatory damages, attorney’s fees or costs.
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`TWENTY SIXTH AFFIRMATIVE DEFENSE
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`As a TWENTY SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE, Defendant
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`alleges that any alleged violation of the California Labor Code, an order of the Industrial Welfare
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`Commission, or the Federal Fair Labor Standards Act was an act or omission made in good faith
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`and DEFENDANT had reasonable grounds for believing that policies and practices complied
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