Kevin Khamati Oduor

- REBEKA SHADPOUR AND GAMA CENTRAL HEATING AND AIR CONDITIONING 9 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 10 11 12 COUNTY OF LOS ANGELES SHAWN DARDASHTI, an individual, Case No.: 21STCV45150 13 Plaintiff,- DEFENDANTS REBEKA SHADPOUR AND GAMA CENTRAL HEATING AND AIR CONDITIONING’S ANSWER TO PLAINTIFF’S UNVERIFIED COMPLAINT v. REBEKA SHADPOUR, doing business as WEALTH ROAD REALTY; AAA TEXTILE INC., a suspended California Corporation; CAL SMAT ESCROW, INC., a suspended California corporation; GAMA CENTRAL HEATING & AIR CONDITIONING, an unknown entity; DIANA FARAJOLLAHZADEH LLC, a California corporation; and DOES 1 through 10 inclusive, Defendants. 22 23 24 Defendants REBEKA SHADPOUR, GAMA CENTRAL HEATING AND AIR 25 CONDITIONING, (collectively, “these answering Defendants”), and answering the unverified 26 27 28 DEFENDANTS REBEKA SHADPOUR AND GAMA CENTRAL HEATING AND AIR CONDITIONING’S ANSWER TO UNVERIFIED COMPLAINT 1 1 2 Complaint on file herein for and on behalf of itself alone, answers Plaintiff’s unverified Complaint as follows: 3 GENERAL DENIAL - Under and pursuant to the provisions of the California Code of Civil Procedure, specifically, Section 431.30 thereof, these answering Defendants generally deny each and every allegation of said unverified Complaint, and the whole thereof, and each and every allegation of each and every cause of action alleged therein, and further expressly deny that as a direct or proximate result of any acts or omissions on the part of these answering Defendants, Plaintiff herein sustained or suffered injury or damage in the amount alleged in the unverified Complaint, or in any amount at all, or that Plaintiff has suffered injury or damage for any reason in the sums alleged in the unverified Complaint, or in any other sum or sums, or at all. - SEPARATE AFFIRMATIVE DEFENSES Answering Defendants do not, by stating the matters set forth in these defenses, allege or admit that they have the burden of proof or persuasion with respect to any matter alleged and do not assume the burden of proof or persuasion as to any matter to which Plaintiff has the burden of proof or persuasion. 17 FIRST AFFIRMATIVE DEFENSE 18 (Statute of Limitations) - 1. As a first, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that the action of Defendants is barred by the applicable statutes of limitations, including, but not limited to, California Code of Civil Procedure Sections 338(a), 338(d), 339(1) and 343; 343; Commercial Code Sections 2725(1) and 2725(2); and Civil Code Section 2079.4. 24 25 26 // // 27 28 DEFENDANTS REBEKA SHADPOUR AND GAMA CENTRAL HEATING AND AIR CONDITIONING’S ANSWER TO UNVERIFIED COMPLAINT 2 1 SECOND AFFIRMATIVE DEFENSE 2 3 4 5 6 7 (Statute of Frauds) 2. As a second, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that the action sued on herein is barred by the provisions of Civil Code Sections 1624(b), 1624(c) and 1624(d), in that the contract sued on is for the building and site remodeling, trade services, labor and materials of real property and is invalid unless subscribed by the party sought to be charged. 8 9 THIRD AFFIRMATIVE DEFENSE - (Offset) 3. As a third, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that they have incurred damages by reason of Plaintiff’s conduct and that it has the right of offset of any amount of monies owed to Plaintiff by way of damages. 15 FOURTH AFFIRMATIVE DEFENSE - (Waiver) 4. As a fourth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants are informed and believe, and on such information and belief, allege that Plaintiff is engaged in conduct that constitutes waiver of his rights. By reason of such waiver, these answering Defendants is excused from the performance of the obligation of the alleged contract. FIFTH AFFIRMATIVE DEFENSE (Estoppel, Unclean hands, Laches) 5. As a fifth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants are informed and believe, and on such information and belief, allege 26 27 28 DEFENDANTS REBEKA SHADPOUR AND GAMA CENTRAL HEATING AND AIR CONDITIONING’S ANSWER TO UNVERIFIED COMPLAINT 3 1 2 that by reason of Plaintiff’s conduct which constitutes a breach of contract, tortious conduct, waiver, unclean hands, and laches, Plaintiff is estopped to assert any right of relief. - SIXTH AFFIRMATIVE DEFENSE (Breach of Contract) 6. As a sixth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants are informed and believe, and on such information and belief, allege that Plaintiff breached his contract, if any, with Defendants and by reason of such breach of contract, these answering Defendants has been excused of any duty it may have had to perform any obligation set forth in any agreement with Plaintiff, if there be such an agreement. 11 12 SEVENTH AFFIRMATIVE DEFENSE - (Release) 7. As a seventh, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiff’s actions constituted a full release by Plaintiff of any and all claims which he may have had against these answering Defendants. - EIGHTH AFFIRMATIVE DEFENSE (In Pari Delicto) 8. As an eighth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiff herein, and each and every cause of action contained in the unverified Complaint, is barred because Plaintiff has engaged in acts and courses of conduct which render him in pari delicto. 24 25 26 27 28 DEFENDANTS REBEKA SHADPOUR AND GAMA CENTRAL HEATING AND AIR CONDITIONING’S ANSWER TO UNVERIFIED COMPLAINT 4 1 NINTH AFFIRMATIVE DEFENSE - (Equitable Estoppel) 9. As a ninth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiff herein, and each and every cause of action contained in the unverified Complaint, is barred by reason of acts, omissions, representations, and courses of conduct by Plaintiff, by which these answering Defendants were led to rely on to its detriment, thereby barring each and every cause of action under the Doctrine of Equitable Estoppel. 9 TENTH AFFIRMATIVE DEFENSE - (Full Performance) 10. As a tenth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that its full performance of any agreement or act required of it, if there be such agreements or acts, fulfills all its duties and obligations to Plaintiff, if any there be, contractual, fiduciary, or other, and no other duty or obligation to Plaintiff remains on behalf of these answering Defendants. - ELEVENTH AFFIRMATIVE DEFENSE (Failure to Mitigate Damages) 11. As an eleventh, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that at all times material herein, Plaintiff failed and neglected to mitigate his damages so as to reduce and/or diminish his claim. - TWELFTH AFFIRMATIVE DEFENSE (Ratification of Acts) 12. As a twelfth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiff, by his acts, conduct and/or omissions, has 27 28 DEFENDANTS REBEKA SHADPOUR AND GAMA CENTRAL HEATING AND AIR CONDITIONING’S ANSWER TO UNVERIFIED COMPLAINT 5 1 2 ratified the acts, conduct and omissions, if any, of these answering Defendants; therefore, Plaintiff is barred from seeking any relief from these answering Defendants. 3 4 THIRTEENTH AFFIRMATIVE DEFENSE - (No Reasonable Reliance) 13. As a thirteenth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiff did not reasonably rely upon any alleged misrepresentations or nondisclosures of material facts made by these answering Defendants; therefore, Plaintiff is barred from seeking any affirmative relief against these answering Defendants. 11 12 FOURTEENTH AFFIRMATIVE DEFENSE - (Failure to State a Claim) 14. As a fourteenth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiff’s unverified Complaint, in its entirety, nor any purported cause of action set forth therein, allege facts sufficient to constitute a cause of action against these answering Defendants. - FIFTEENTH AFFIRMATIVE DEFENSE (Integration and Parole Evidence Rule) 15. As a fifteenth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that the unverified Complaint, and each and every cause of action therein, is barred by the Doctrine of Integration and the Parole Evidence Rule. 24 25 26 WHEREFORE, these answering Defendants prays for judgment as follows: 1. 1. That judgment be entered in favor of these answering Defendants; 27 28 DEFENDANTS REBEKA SHADPOUR AND GAMA CENTRAL HEATING AND AIR CONDITIONING’S ANSWER TO UNVERIFIED COMPLAINT 6 1 2 2. That Plaintiff take nothing by reason of the unverified Complaint herein, and that these answering Defendants be dismissed hence; 3 2. To the extent to which law, equity, or contract allows, for reasonable attorney’s fees; 4 3. For costs of suit incurred herein; and 5 4. For such other and further relief as the Court may deem just and proper. 6 7 8 9 10 By: - DEFENDANTS REBEKA SHADPOUR AND GAMA CENTRAL HEATING AND AIR CONDITIONING’S ANSWER TO UNVERIFIED COMPLAINT 7 1 PROOF OF SERVICE 2 I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is Now Law Firm, APLC located at 6345 Balboa Blvd. Bldg. 3, Ste 257, Encino, CA 91316. 3 4 , I served the following document(s) by the method indicated below: 5 6 DEFENDANTS REBEKA SHADPOUR AND GAMA CENTRAL HEATING AND AIR CONDITIONING’S ANSWER TO PLAINTIFF’S UNVERIFIED COMPLAINT 7 8 9 10 X - by having the document(s) listed above hand-delivered to the person(s) at the address(es) set forth below. - by transmitting via facsimile on this date the document(s) listed above to the fax number(s) set forth below. The transmission was completed before 5:00 p.m. and was reported complete and without error. Service by fax was ordered by the Court. The transmitting fax machine complies with Cal.R.Ct 2.301(3). by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Los Angeles, California addressed as set forth below. I am readily familiar with the firm’s practice of collection and processing of correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. by placing the document(s) listed above in a sealed envelope(s) and by causing personal delivery of the envelope(s) to the person(s) at the address(es) set forth below. X by placing the document(s) listed above in a sealed envelope(s) and consigning it to an express mail service for guaranteed delivery on the next business day to the address(es) set forth below. by emailing the document(s) listed above to the person(s) at the address(es) set forth below. 19 Service List 20 21 25 CA- –1– PROOF OF SERVICE 1 - I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on February 14, 2022, at Los Angeles County, California. - –2– PROOF OF SERVICE