CARLOTA MORALES VS U.S. SECURITY ASSOCIATES,ETAL

Complaint Information

DEFENDANT U.S. SECURITY ASSOCIATES, INC.’S AFFIRMATIVE DEFENSES TO

PLAINTIFF’S COMPLAINT FOR DAMAGES

Carlota Morales v. U.S. Security Associates, Inc.

SAN MATEO COUNTY SUPERIOR COURT

CASE NO. CIV515638

1. AS AND FOR A FIRST, SEPARATE AND AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE OF ACTION SET FORTH IN THE COMPLAINT, Defendant alleges:

That Defendant’s conduct and actions were based at all relevant times on an overmding legitimate business purpose and necessity.

2. AS AND FOR A SECOND, SEPARATE AND AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE OF ACTION SET FORTH IN THE COMPLAINT, Defendant alleges:

That Plaintiff failed to timely exhaust her administrative remedies and/or contractual remedies or otherwise properly perfect a right of action against Defendant.

3. AS AND FOR A THIRD, SEPARATE AND AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE OF ACTION SET FORTH IN THE COMPLAINT, Defendant alleges

That some or all of Plaintiff’s damages have been caused by the failure of Plaintiff to exercise reasonable diligence in caring for her alleged losses and damages. Defendant’s liability, if any, must therefore be limited to the amount of damages that would have been suffered if Plaintift had exercised the due care and due diligence required of her.

4, AS AND FOR A FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE OF ACTION SET FORTH IN THE COMPLAINT, Defendant alleges:

That at all times relevant, Defendant promulgated an anti-discrimination and anti-harassment policy and complaint procedure of which Plaintiff was aware, and Defendant exercised reasonable

care to maintain a discrimination-free work environment. Plaintiff unreasonably failed to take Case No. CIV515638

care to maintain a discrimination-free work environment. Plaintiff unreasonably failed to take Case No. CIV515638 advantage of the established complaint procedures, failed to take advantage of other preventative or corrective opportunities provided by Defendant and otherwise failed to avoid harm.

advantage of the established complaint procedures, failed to take advantage of other preventative or corrective opportunities provided by Defendant and otherwise failed to avoid harm.

5. AS AND FOR A FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE OF ACTION SET FORTH IN THE COMPLAINT, Defendant alleges:

That Plaintiff’s claims are barred by the equitable doctrines of unclean hands, waiver and/or laches.

6. AS AND FOR A SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE OF ACTION SET FORTH IN THE COMPLAINT, Defendant alleges:

That Plaintiff is estopped by reason of her conduct, acts or omissions, or those of her agents, from recovering against Defendant on any purported claims for relief contained therein.

7. AS AND FOR A SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE OF ACTION SET FORTH IN THE COMPLAINT, Defendant alleges:

That Plaintiff’s claims are barred, in whole or in part, by the applicable statutes of limitations, including but not limited to, California Code of Civil Procedure sections 335.1, 337, 338, 339, and 340, California Labor Code section 203, and/or California Government Code section 12960 and/or 12965(b) of the California Government Code.

8. AS AND FOR AN EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE OF ACTION SET FORTH IN THE COMPLAINT, Defendant alleges:

That providing any alleged accommodation requested by or available to Plaintiff would constitute an undue hardship and/or create a direct threat to the safety or health of Plaintiff, other employees, or the public at large.

9. AS AND FOR A NINTH, SEPARATE AND AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE OF ACTION SET FORTH IN THE COMPLAINT, Defendant alleges:

That the Court’s jurisdiction over the subject of the causes of action is preempted by the

exclusive remedy provisions of the California Worker’s Compensation Act as set forth in the

2. Case No. CIV515638

2. Case No. CIV515638 California Labor Code Section 3200, et seq., because Plaintiff’s alleged injuries arose as a result of her employment with Defendant.

California Labor Code Section 3200, et seq., because Plaintiff’s alleged injuries arose as a result of her employment with Defendant.

10. AS AND FOR A TENTH, SEPARATE AND DEFENSE TO EACH AND EVERY CAUSE OF ACTION SET FORTH IN THE COMPLAINT, Defendant alleges:

That Plaintiff consented to each of the allegedly wrongful acts Defendant allegedly took against her.

11. AS AND FOR AN ELEVENTH, SEPARATE AND DEFENSE TO EACH AND EVERY CAUSE OF ACTION SET FORTH IN THE COMPLAINT, Defendant alleges:

That Plaintiff’s claims and/or damages are barred in whole or in part because she failed to reasonably mitigate her damages.

TWELFTH, SEPARATE AND DEFENSE TO EACH AND EVERY CAUSE OF ACTION SET FORTH IN THE COMPLAINT, Defendant alleges:

That any after-acquired evidence of Plaintiff’s misconduct bars Plaintiff from any remedy or certain remedies, in whole or in part.

13. AS AND FOR A THIRTEENTH, SEPARATE AND DEFENSE TO EACH AND EVERY CAUSE OF ACTION SET FORTH IN THE COMPLAINT, Defendant alleges:

That Plaintiff’s Complaint fails to state a claim upon which relief can be granted.

Defendant has not yet completed a thorough investigation and study or completed discovery of all facts and circumstances of the subject matter of the Complaint, and accordingly, reserves the right to amend, modify, revise, or supplcmefit its Answer, and to plead such further defenses and take such further actions as it may deem proper and necessary in its defense upon the completion of said investigation and study.

WHEREFORE, Defendant prays for judgment against Plaintiff as follows:

1. Plaintiff take nothing by virtue of the claims filed herein and that the claims be dismissed in their entirety with prejudice; 2. For all reasonable costs incurred by Defendant in connection with the defense

of this matter;

3. Case No. CIV515638

3. Case No. CIV515638 3. For attorneys’ fees; and

3. For attorneys’ fees; and

4. For such other and further relief as the Court may deem proper.

Dated: August 23,2012

LITTLER MENDELSON

" A Professional Corporation Attorneys for Defendant U.S. SECURITY ASSOCIATES, INC.

Firmwide-113933191.1 067673.1011

4. Case No. CIV515638