This case was last updated from San Mateo County Superior Courts on 07/19/2018 at 23:36:51 (UTC).

CARLOTA MORALES VS U.S. SECURITY ASSOCIATES,ETAL

Case Summary

On 07/25/2012 CARLOTA MORALES filed a Labor - Other Labor lawsuit against U S SECURITY ASSOCIATES,ETAL. This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *****5638

  • Filing Date:

    07/25/2012

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Labor - Other Labor

  • Court:

    San Mateo County Superior Courts

  • Courthouse:

    Southern Branch Hall Of Justice And Records

  • County, State:

    San Mateo, California

 

Party Details

Plaintiffs

CARLOTA MORALES

MORALES, CARLOTA

Defendants

U.S. SECURITY ASSOCIATES, INC.,

U.S. SECURITY ASSOCIATES, INC., A DELAWARE CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

LIVERIS, ELENA N

Defendant Attorney

BELLAFRONTO, ERIC C.

 

Court Documents

Request for Dismissal of - WITH prejudice in its entirety.

DISMISSAL Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED.

Conversion Hearing.

CMC NOTICE Comment CASE MANAGEMENT CONFERENCE

Notice.

NOTICE Comment N2: NOTICE OF STATE COURT AND ADVERSE PARTY OF REMOVAL OF CIVIL ACTION TO FEDERAL COURT FILED BY U.S. SECURITY ASSOCIATES INC.,.

General Denial filed.

DENIAL Comment GD: (S) GENERAL DENIAL TO THE COMPLAINT OF MORALES FILED BY U.S. SECURITY ASSOCIATES INC. ,, REPRESENTED BY ERIC C. BELLAFRONTO

Proof of Service by MAIL of.

PROOF OF SERVICE (2) Comment PSMN: PROOF OF SERVICE BY MAIL OF NOTICE OF CASE MANAGEMENT CONFERENCE SERVED ON U.S. SECURITY ASSOCIATES INC., FILED. DATE OF MAILING 08/06/12.

Proof of Service of Complaint/Petition.

PROOF OF SERVICE Comment PSBC: PROOF OF PERSONAL SERVICE OF SUMMONS AND COMPLAINT OF MORALES SERVED ON U.S. SECURITY ASSOCIATES INC. , BY SERVING MARGARET WILSON, AGENT WITH SERVICE DATE OF 07/26/12

Summons Issued / Filed.

SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.

Civil Case Cover Sheet.

COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED

Complaint.

COMPLAINT Comment COM: (S) COMPLAINT FILED

 

Docket Entries

  • 02/26/2013
  • Disposition: Judgment; Judgment Type; Dismissal - Other Dismissal; Party; Name: U.S. SECURITY ASSOCIATES INC., A DELAWARE CORPORATION; Comment: 0001 COMPLAINT; Party; Name: MORALES, CARLOTA; Comment: 0001 COMPLAINT.

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  • 02/26/2013
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  • Request for Dismissal of - WITH prejudice in its entirety. Additional Info: DISMISSAL Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED.

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  • 12/14/2012
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  • Conversion Hearing. Additional Info: CMC NOTICE Comment CASE MANAGEMENT CONFERENCE

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  • 12/14/2012
  • Case Management Conference. Additional Info: Hearing Time 09:00 AM Cancel Reason Vacated Comment Dept: 7 CASE MANAGEMENT CONFERENCE

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  • 08/27/2012
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  • Notice. Additional Info: NOTICE Comment N2: NOTICE OF STATE COURT AND ADVERSE PARTY OF REMOVAL OF CIVIL ACTION TO FEDERAL COURT FILED BY U.S. SECURITY ASSOCIATES INC.,.

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  • 08/23/2012
  • Conversion Minute. Additional Info: Comment *FEE: 120823-0348-CK 195/ 435.00 PAYMT

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  • 08/23/2012
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  • General Denial filed. Additional Info: DENIAL Comment GD: (S) GENERAL DENIAL TO THE COMPLAINT OF MORALES FILED BY U.S. SECURITY ASSOCIATES INC. ,, REPRESENTED BY ERIC C. BELLAFRONTO

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  • 08/10/2012
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  • Proof of Service by MAIL of. Additional Info: PROOF OF SERVICE (2) Comment PSMN: PROOF OF SERVICE BY MAIL OF NOTICE OF CASE MANAGEMENT CONFERENCE SERVED ON U.S. SECURITY ASSOCIATES INC., FILED. DATE OF MAILING 08/06/12.

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  • 08/02/2012
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  • Proof of Service of Complaint/Petition. Additional Info: PROOF OF SERVICE Comment PSBC: PROOF OF PERSONAL SERVICE OF SUMMONS AND COMPLAINT OF MORALES SERVED ON U.S. SECURITY ASSOCIATES INC. , BY SERVING MARGARET WILSON, AGENT WITH SERVICE DATE OF 07/26/12

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  • 07/25/2012
  • Cause Of Action. Additional Info: Action Complaint File Date 07/25/2012

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1 More Docket Entries
  • 07/25/2012
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  • Summons Issued / Filed. Additional Info: SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.

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  • 07/25/2012
  • View Court Documents
  • Civil Case Cover Sheet. Additional Info: COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED

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  • 07/25/2012
  • Conversion Minute. Additional Info: Comment *FEE: 120727-0229-CK 194/ 435.00 PAYMT

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  • 07/25/2012
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  • Complaint. Additional Info: COMPLAINT Comment COM: (S) COMPLAINT FILED

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  • 08/23/2012
  • Financial info for U.S. SECURITY ASSOCIATES, INC., A DELAWARE CORPORATION : Case Payment Receipt # 201208230348 U.S. SECURITY ASSOCIATES, INC., A DELAWARE CORPORATION $435.00

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  • 08/23/2012
  • Financial info for U.S. SECURITY ASSOCIATES, INC., A DELAWARE CORPORATION : Transaction Assessment $435.00

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  • 08/23/2012
  • Financial: U.S. SECURITY ASSOCIATES, INC., A DELAWARE CORPORATION; Total Financial Assessment $435.00; Total Payments and Credits $435.00

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  • 07/27/2012
  • Financial info for MORALES, CARLOTA : Case Payment Receipt # 201207270229 MORALES, CARLOTA $435.00

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  • 07/27/2012
  • Financial info for MORALES, CARLOTA : Transaction Assessment $435.00

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  • 07/27/2012
  • Financial: MORALES, CARLOTA; Total Financial Assessment $435.00; Total Payments and Credits $435.00

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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