seyfarth shaw llp telephone: (415) 397-2823 eric r. … · · 2017-02-18san francisco, california...
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DEFENDANT’S ANSWER TO FIRST AMENDED COMPLAINT22262775v.1
SEYFARTH SHAW LLPMichael J. Burns (SBN 172614)mburns@seyfarth.com560 Mission Street, 31st FloorSan Francisco, California 94105-2930Telephone: (415) 397-2823Facsimile: (415) 397-8549
SEYFARTH SHAW LLPEric R. McDonoughemcdonough@seyfarth.comD. Joshua Salinas (SBN 282065)jsalinas@seyfarth.com2029 Century Park East, Suite 3500Los Angeles, California 90067-3021Telephone: (310) 277-7200Facsimile: (310) 201-5219
Attorneys for DefendantBURLINGTON COAT FACTORY OFCALIFORNIA, LLC
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
JAMES HOROSNY, an individual;JENNIFER PRICE, an individual;individually and on behalf of all otherssimilarly situated,
Plaintiffs,
v.
BURLINGTON COAT FACTORY OFCALIFORNIA, LLC, a California LimitedLiability Company; and DOES 1 thorough100, inclusive,
Defendants.
Case No. 2:15-cv-05005-SJO-MRW
CLASS ACTION
[Assigned to the Hon. James S. Otero]
DEFENDANT’S ANSWER TOFIRST AMENDED COMPLAINT
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Defendant Burlington Coat Factory of California, LLC (“Defendant”), in response
to the First Amended Complaint (the “Complaint”) filed by Plaintiffs James Horosny and
Jennifer Price (“Plaintiffs”), submits its Answer.
Burlington hereby admits, denies, and alleges as follows:
ANSWER
The Complaint contains an introductory paragraph and headings, which
characterize certain allegations. Because they are not set forth in numbered paragraphs,
these allegations are not properly pleaded facts requiring a response. To the extent any
unnumbered paragraphs or headings contain factual allegations requiring a response,
Defendant specifically denies the allegations set forth therein.
JURISDICTION AND VENUE
1. Answering Paragraph 1 of the Complaint, Defendant admits that it is a
California limited liability company with its principal place of business in Burlington,
New Jersey. Defendant reserves its right to challenge the Court’s subject matter
jurisdiction throughout this litigation. Except as admitted above, Defendant denies the
allegations contained in said paragraph.
2. Answering Paragraph 2 of the Complaint, Defendant admits that Plaintiffs
have alleged claims under California Business & Professions Code §§ 17200 et seq. and
17500 et seq. and California Civil Code 8 1750, et seq. Except as admitted above,
Defendant denies the allegations contained in said paragraph.
3. Answering Paragraph 3 of the Complaint, Defendant admits that venue is
proper in this district. Defendant is without sufficient knowledge or information to form
a belief as to the truth of the allegations in said paragraph regarding Plaintiff Horosny’s
residence, and on that basis denies the allegations contained in this paragraph. Except as
admitted above, Defendant denies the allegations contained in said paragraph.
4. Answering Paragraph 4 of the Complaint, Defendant admits that this Court
has personal jurisdiction over Defendant, Defendant is a California limited liability
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company authorized to do business in the State of California and registered with the
California Secretary of State to do business, has its corporate headquarters and principal
place of business in Burlington, New Jersey, and owns and operates over 60 retail stores
in California. Except as admitted above, Answering Defendant denies the allegations
contained in said paragraph.
5. Answering Paragraph 5 of the Complaint, Defendant admits it transacts
business within the county of Los Angeles and State of California. Except as admitted
above, Defendant denies the allegations contained in said paragraph.
INTRODUCTION
6. Answering Paragraph 6 of the Complaint, Defendant is without sufficient
knowledge or information to form a belief as to the truth of the allegations in said
paragraph, and on that basis denies the allegations contained in said paragraph.
7. Answering Paragraph 7 of the Complaint, Defendant denies the allegations
contained in said paragraph.
PARTIES
8. Answering Paragraph 8 of the Complaint, Defendant is without sufficient
knowledge or information to form a belief as to the truth of the allegations in said
paragraph regarding Plaintiff Horosny’s residence, and on that basis denies the
allegations contained in said paragraph. Defendant further denies the remaining
allegations in said paragraph.
9. Answering Paragraph 9 of the Complaint, Defendant is without sufficient
knowledge or information to form a belief as to the truth of the allegations in said
paragraph regarding Plaintiff Price’s residence, and on that basis denies the allegations
contained in said paragraph. Defendant further denies the remaining allegations in said
paragraph.
10. Answering Paragraph 10 of the Complaint, Defendant admits that it is a
California limited liability company, organized under the laws of the State of California
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and licensed by the State of California, and has its principal place of business in
Burlington, New Jersey. Except as admitted above, Defendant denies the allegations
contained in said paragraph.
11. Answering Paragraph 11 of the Complaint, Defendant is without sufficient
knowledge or information to form a belief as to the truth of the allegations in said
paragraph, and on that basis denies the allegations contained in said paragraph.
FACTUAL ALLEGATIONS
12. Answering Paragraph 12 of the Complaint, Defendant is without sufficient
knowledge or information to form a belief as to the truth of the allegations in said
paragraph, and on that basis denies the allegations contained in said paragraph.
13. Answering Paragraph 13 of the Complaint, Defendant is without sufficient
knowledge or information to form a belief as to the truth of the allegations in said
paragraph, and on that basis denies the allegations contained in said paragraph.
14. Answering Paragraph 14 of the Complaint, Defendant denies the allegations
contained in said paragraph.
15. Answering Paragraph 15 of the Complaint, Defendant is without sufficient
knowledge or information to form a belief as to the truth of the allegations in said
paragraph, and on that basis denies the allegations contained in said paragraph.
16. Answering Paragraph 16 of the Complaint, Defendant denies the allegations
contained in said paragraph.
17. Answering Paragraph 17 of the Complaint, Defendant denies the allegations
contained in said paragraph.
18. Answering Paragraph 18 of the Complaint, Defendant denies the allegations
contained in said paragraph.
19. Answering Paragraph 19 of the Complaint, Defendant denies the allegations
contained in said paragraph.
///
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20. Answering Paragraph 20 of the Complaint, Defendant denies the allegations
contained in said paragraph.
21. Answering Paragraph 21 of the Complaint, Defendant denies the allegations
contained in said paragraph.
22. Answering Paragraph 22 of the Complaint, Defendant denies the allegations
contained in said paragraph.
23. Answering Paragraph 23 of the Complaint, Defendant is without sufficient
knowledge or information to form a belief as to the truth of the allegations in said
paragraph, and on that basis denies the allegations contained in said paragraph.
24. Answering Paragraph 24 of the Complaint, Defendant is without sufficient
knowledge or information to form a belief as to the truth of the allegations in said
paragraph, and on that basis denies the allegations contained in said paragraph.
25. Answering Paragraph 25 of the Complaint, Defendant is without sufficient
knowledge or information to form a belief as to the truth of the allegations in said
paragraph, and on that basis denies the allegations contained in said paragraph.
26. Answering Paragraph 26 of the Complaint, Defendant is without sufficient
knowledge or information to form a belief as to the truth of the allegations in said
paragraph, and on that basis denies the allegations contained in said paragraph.
27. Answering Paragraph 27 of the Complaint, Defendant is without sufficient
knowledge or information to form a belief as to the truth of the allegations in said
paragraph, and on that basis denies the allegations contained in said paragraph.
28. Answering Paragraph 28 of the Complaint, Defendant is without sufficient
knowledge or information to form a belief as to the truth of the allegations in said
paragraph, and on that basis denies the allegations contained in said paragraph.
29. Answering Paragraph 29 of the Complaint, Defendant denies the allegations
contained in said paragraph.
///
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30. Answering Paragraph 30 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
paragraph call for a legal conclusion and no answer is required.
31. Answering Paragraph 31 of the Complaint, Defendant denies the allegations
contained in said paragraph.
32. Answering Paragraph 32 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
paragraph call for a legal conclusion and no answer is required.
33. Answering Paragraph 33 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
paragraph call for a legal conclusion and no answer is required.
34. Answering Paragraph 34 of the Complaint, Defendant denies the allegations
contained in said paragraph.
35. Answering Paragraph 35 of the Complaint, Defendant denies the allegations
contained in said paragraph.
36. Answering Paragraph 36 of the Complaint, Defendant denies the allegations
contained in said paragraph.
37. Answering Paragraph 37 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
paragraph call for a legal conclusion and no answer is required.
38. Answering Paragraph 38 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
paragraph call for a legal conclusion and no answer is required.
39. Answering Paragraph 39 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
paragraph call for a legal conclusion and no answer is required.
///
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40. Answering Paragraph 40 of the Complaint, Defendant denies the allegations
contained in said paragraph.
41. Answering Paragraph 41 of the Complaint, Defendant denies the allegations
contained in said paragraph.
42. Answering Paragraph 42 of the Complaint, Defendant denies the allegations
contained in said paragraph.
43. Answering Paragraph 43 of the Complaint, Defendant denies the allegations
contained in said paragraph.
44. Answering Paragraph 44 of the Complaint, Defendant denies the allegations
contained in said paragraph.
45. Answering Paragraph 45 of the Complaint, Defendant denies the allegations
contained in said paragraph.
46. Answering Paragraph 46 of the Complaint, Defendant denies the allegations
contained in said paragraph.
47. Answering Paragraph 47 of the Complaint, Defendant denies the allegations
contained in said paragraph.
48. Answering Paragraph 48 of the Complaint, Defendant denies the allegations
contained in said paragraph.
49. Answering Paragraph 49 of the Complaint, Defendant denies the allegations
contained in said paragraph.
50. Answering Paragraph 50 of the Complaint, Defendant denies the allegations
contained in said paragraph.
51. Answering Paragraph 51 of the Complaint, Defendant denies the allegations
contained in said paragraph.
52. Answering Paragraph 52 of the Complaint, Defendant denies the allegations
contained in said paragraph.
///
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53. Answering Paragraph 53 of the Complaint, Defendant denies the allegations
contained in said paragraph.
54. Answering Paragraph 54 of the Complaint, Defendant denies the allegations
contained in said paragraph.
55. Answering Paragraph 55 of the Complaint, Defendant denies the allegations
contained in said paragraph.
56. Answering Paragraph 56 of the Complaint, Defendant denies the allegations
contained in said paragraph.
57. Answering Paragraph 57 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
paragraph call for a legal conclusion and no answer is required.
58. Answering Paragraph 58 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
paragraph call for a legal conclusion and no answer is required.
59. Answering Paragraph 59 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
paragraph call for a legal conclusion and no answer is required.
60. Answering Paragraph 60 of the Complaint, Defendant denies the allegations
contained in said paragraph.
61. Answering Paragraph 61 of the Complaint, Defendant denies the allegations
contained in said paragraph.
62. Answering Paragraph 62 of the Complaint, Defendant denies the allegations
contained in said paragraph.
63. Answering Paragraph 63 of the Complaint, Defendant denies the allegations
contained in said paragraph.
64. Answering Paragraph 64 of the Complaint, Defendant denies the allegations
contained in said paragraph.
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65. Answering Paragraph 65 of the Complaint, Defendant denies the allegations
contained in said paragraph.
66. Answering Paragraph 66 of the Complaint, Defendant denies the allegations
contained in said paragraph.
67. Answering Paragraph 67 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
paragraph call for a legal conclusion and no answer is required.
68. Answering Paragraph 68 of the Complaint, Defendant denies the allegations
contained in said paragraph.
69. Answering Paragraph 69 of the Complaint, Defendant denies the allegations
contained in said paragraph.
70. Answering Paragraph 70 of the Complaint, Defendant denies the allegations
contained in said paragraph.
71. Answering Paragraph 71 of the Complaint, Defendant denies the allegations
contained in said paragraph.
72. Answering Paragraph 72 of the Complaint, Defendant denies the allegations
contained in said paragraph.
73. Answering Paragraph 73 of the Complaint, Defendant denies the allegations
contained in said paragraph.
74. Answering Paragraph 74 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
paragraph call for a legal conclusion and no answer is required.
75. Answering Paragraph 75 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
paragraph call for a legal conclusion and no answer is required.
76. Answering Paragraph 76 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
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paragraph call for a legal conclusion and no answer is required.
77. Answering Paragraph 77 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
paragraph call for a legal conclusion and no answer is required.
78. Answering Paragraph 78 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
paragraph call for a legal conclusion and no answer is required.
79. Answering Paragraph 79 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
paragraph call for a legal conclusion and no answer is required.
80. Answering Paragraph 80 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
paragraph call for a legal conclusion and no answer is required.
81. Answering Paragraph 81 of the Complaint, Defendant denies the allegations
contained in said paragraph.
82. Answering Paragraph 82 of the Complaint, Defendant denies the allegations
contained in said paragraph.
83. Answering Paragraph 83 of the Complaint, Defendant denies the allegations
contained in said paragraph.
84. Answering Paragraph 84 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
paragraph call for a legal conclusion and no answer is required.
85. Answering Paragraph 85 of the Complaint, Defendant denies the allegations
contained in said paragraph.
86. Answering Paragraph 86 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
paragraph call for a legal conclusion and no answer is required.
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87. Answering Paragraph 87 of the Complaint, Defendant denies the allegations
contained in said paragraph.
88. Answering Paragraph 88 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
paragraph call for a legal conclusion and no answer is required.
89. Answering Paragraph 89 of the Complaint, Defendant denies the allegations
contained in said paragraph.
90. Answering Paragraph 90 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
paragraph call for a legal conclusion and no answer is required.
91. Answering Paragraph 91 of the Complaint, Defendant denies the allegations
contained in said paragraph.
92. Answering Paragraph 92 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
paragraph call for a legal conclusion and no answer is required.
93. Answering Paragraph 93 of the Complaint, Defendant denies the allegations
contained in said paragraph.
94. Answering Paragraph 94 of the Complaint, Defendant denies the allegations
contained in said paragraph.
95. Answering Paragraph 95 of the Complaint, Defendant denies the allegations
contained in said paragraph.
96. Answering Paragraph 96 of the Complaint, Defendant denies the allegations
contained in said paragraph. Defendant further responds that the allegations in said
paragraph call for a legal conclusion and no answer is required.
97. Answering Paragraph 97 of the Complaint, Defendant denies the allegations
contained in said paragraph.
98. Answering Paragraph 98 of the Complaint, Defendant denies the allegations
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contained in said paragraph.
99. Answering Paragraph 99 of the Complaint, Defendant denies the allegations
contained in said paragraph.
100. Answering Paragraph 100 of the Complaint, Defendant denies the
allegations contained in said paragraph.
101. Answering Paragraph 101 of the Complaint, Defendant denies the
allegations contained in said paragraph.
102. Answering Paragraph 102 of the Complaint, Defendant denies the
allegations contained in said paragraph.
103. Answering Paragraph 103 of the Complaint, Defendant denies the
allegations contained in said paragraph.
104. Answering Paragraph 104 of the Complaint, Defendant denies the
allegations contained in said paragraph.
105. Answering Paragraph 105 of the Complaint, Defendant denies the
allegations contained in said paragraph.
106. Answering Paragraph 106 of the Complaint, Defendant denies the
allegations contained in said paragraph.
107. Answering Paragraph 107 of the Complaint, Defendant denies the
allegations contained in said paragraph.
108. Answering Paragraph 108 of the Complaint, Defendant denies the
allegations contained in said paragraph.
109. Answering Paragraph 109 of the Complaint, Defendant denies the
allegations contained in said paragraph.
110. Answering Paragraph 110 of the Complaint, Defendant denies the
allegations contained in said paragraph.
111. Answering Paragraph 111 of the Complaint, Defendant denies the
allegations contained in said paragraph.
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112. Answering Paragraph 112 of the Complaint, Defendant denies the
allegations contained in said paragraph.
113. Answering Paragraph 113 of the Complaint, Defendant denies the
allegations contained in said paragraph.
114. Answering Paragraph 114 of the Complaint, Defendant denies the
allegations contained in said paragraph.
PLAINTIFF’S PURCHASES
115. Answering Paragraph 115 of the Complaint, Defendant denies the
allegations contained in said paragraph.
116. Answering Paragraph 116 of the Complaint, Defendant denies the
allegations contained in said paragraph.
117. Answering Paragraph 117 of the Complaint, Defendant denies the
allegations contained in said paragraph.
118. Answering Paragraph 118 of the Complaint, Defendant is without sufficient
knowledge or information to form a belief as to the truth of the allegations in said
paragraph, and on that basis denies the allegations contained in said paragraph.
119. Answering Paragraph 119 of the Complaint, Defendant is without sufficient
knowledge or information to form a belief as to the truth of the allegations in said
paragraph, and on that basis denies the allegations contained in said paragraph.
120. Answering Paragraph 120 of the Complaint, Defendant is without sufficient
knowledge or information to form a belief as to the truth of the allegations in said
paragraph, and on that basis denies the allegations contained in said paragraph.
121. Answering Paragraph 121 of the Complaint, Defendant denies the
allegations contained in said paragraph.
122. Answering Paragraph 122 of the Complaint, Defendant is without sufficient
knowledge or information to form a belief as to the truth of the allegations in said
paragraph, and on that basis denies the allegations contained in said paragraph.
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123. Answering Paragraph 123 of the Complaint, Defendant denies the
allegations contained in said paragraph.
124. Answering Paragraph 124 of the Complaint, Defendant denies the
allegations contained in said paragraph.
125. Answering Paragraph 125 of the Complaint, Defendant denies the
allegations contained in said paragraph.
126. Answering Paragraph 126 of the Complaint, Defendant denies the
allegations contained in said paragraph.
127. Answering Paragraph 127 of the Complaint, Defendant denies the
allegations contained in said paragraph.
128. Answering Paragraph 128 of the Complaint, Defendant denies the
allegations contained in said paragraph.
CLASS ACTION ALLEGATIONS
129. Answering Paragraph 129 of the Complaint, Defendant denies the
allegations contained in said paragraph. Defendant further responds that the allegations
in said paragraph call for a legal conclusion and no answer is required.
130. Answering Paragraph 130 of the Complaint, Defendant denies the
allegations contained in said paragraph. Defendant further responds that the allegations
in said paragraph call for a legal conclusion and no answer is required.
131. Answering Paragraph 131 of the Complaint, Defendant denies the
allegations contained in said paragraph. Defendant further responds that the allegations
in said paragraph call for a legal conclusion and no answer is required.
132. Answering Paragraph 132 of the Complaint, Defendant denies the
allegations contained in said paragraph.
133. Answering Paragraph 133 of the Complaint, Defendant denies the
allegations contained in said paragraph.
134. Answering Paragraph 134 of the Complaint, Defendant denies the
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allegations contained in said paragraph.
135. Answering Paragraph 135 of the Complaint, Defendant denies the
allegations contained in said paragraph.
136. Answering Paragraph 136 of the Complaint, Defendant denies the
allegations contained in said paragraph.
137. Answering Paragraph 137 of the Complaint, Defendant denies the
allegations contained in said paragraph.
138. Answering Paragraph 138 and its subparagraphs a. – s. of the Complaint,
Defendant denies the allegations contained in said paragraph, including each and every
subparagraph.
139. Answering Paragraph 139 of the Complaint, Defendant denies the
allegations contained in said paragraph.
140. Answering Paragraph 140 of the Complaint, Defendant denies the
allegations contained in said paragraph.
141. Answering Paragraph 141 of the Complaint, Defendant denies the
allegations contained in said paragraph.
142. Answering Paragraph 142 of the Complaint, Defendant denies the
allegations contained in said paragraph.
143. Answering Paragraph 143 of the Complaint, Defendant denies the
allegations contained in said paragraph.
144. Answering Paragraph 144 of the Complaint, Defendant denies the
allegations contained in said paragraph.
145. Answering Paragraph 145 of the Complaint, Defendant denies the
allegations contained in said paragraph.
146. Answering Paragraph 146 of the Complaint, Defendant denies the
allegations contained in said paragraph.
147. Answering Paragraph 147 of the Complaint, Defendant denies the
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allegations contained in said paragraph.
148. Answering Paragraph 148 of the Complaint, Defendant denies the
allegations contained in said paragraph.
149. Answering Paragraph 149 of the Complaint, Defendant denies the
allegations contained in said paragraph.
150. Answering Paragraph 150 of the Complaint, Defendant denies the
allegations contained in said paragraph.
151. Answering Paragraph 151 of the Complaint, Defendant denies the
allegations contained in said paragraph.
152. Answering Paragraph 152 of the Complaint, Defendant denies the
allegations contained in said paragraph.
153. Answering Paragraph 153 of the Complaint, Defendant denies the
allegations contained in said paragraph.
154. Answering Paragraph 154 of the Complaint, Defendant denies the
allegations contained in said paragraph.
155. Answering Paragraph 155 of the Complaint, Defendant denies the
allegations contained in said paragraph.
156. Answering Paragraph 156 of the Complaint, Defendant denies the
allegations contained in said paragraph.
157. Answering Paragraph 157 of the Complaint, Defendant denies the
allegations contained in said paragraph.
158. Answering Paragraph 158 of the Complaint, Defendant denies the
allegations contained in said paragraph.
FIRST CAUSE OF ACTION
UNFAIR BUSINESS PRACTICES
159. Answering Paragraph 159 of the Complaint, Defendant incorporates by
reference its specific responses above to the specific allegations referenced in this
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paragraph as fully stated herein.
160. Answering Paragraph 160 of the Complaint, Defendant denies the
allegations contained in said paragraph. Defendant further responds that the allegations
in said paragraph call for a legal conclusion and no answer is required.
161. Answering Paragraph 161 of the Complaint, Defendant denies the
allegations contained in said paragraph. Defendant further responds that the allegations
in said paragraph call for a legal conclusion and no answer is required.
162. Answering Paragraph 162 of the Complaint, Defendant denies the
allegations contained in said paragraph.
163. Answering Paragraph 163 of the Complaint, Defendant denies the
allegations contained in said paragraph.
164. Answering Paragraph 164 of the Complaint, Defendant denies the
allegations contained in said paragraph.
165. Answering Paragraph 165 of the Complaint, Defendant denies the
allegations contained in said paragraph.
166. Answering Paragraph 166 of the Complaint, Defendant denies the
allegations contained in said paragraph.
167. Answering Paragraph 167 of the Complaint, Defendant denies the
allegations contained in said paragraph.
SECOND CAUSE OF ACTION
FRAUDULENT BUSINESS PRACTICES
168. Answering Paragraph 168 of the Complaint, Defendant incorporates by
reference its specific responses above to the specific allegations referenced in this
paragraph as fully stated herein.
169. Answering Paragraph 169 of the Complaint, Defendant denies the
allegations contained in said paragraph. Defendant further responds that the allegations
in said paragraph call for a legal conclusion and no answer is required.
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170. Answering Paragraph 170 of the Complaint, Defendant denies the
allegations contained in said paragraph.
171. Answering Paragraph 171 of the Complaint, Defendant denies the
allegations contained in said paragraph.
172. Answering Paragraph 172 of the Complaint, Defendant denies the
allegations contained in said paragraph.
173. Answering Paragraph 173 of the Complaint, Defendant denies the
allegations contained in said paragraph.
THIRD CAUSE OF ACTION
UNLAWFUL BUSINESS PRACTICES
174. Answering Paragraph 174 of the Complaint, Defendant incorporates by
reference its specific responses above to the specific allegations referenced in this
paragraph as fully stated herein.
175. Answering Paragraph 175 of the Complaint, Defendant denies the
allegations contained in said paragraph. Defendant further responds that the allegations
in said paragraph call for a legal conclusion and no answer is required.
176. Answering Paragraph 176 of the Complaint, Defendant denies the
allegations contained in said paragraph. Defendant further responds that the allegations
in said paragraph call for a legal conclusion and no answer is required.
177. Answering Paragraph 177 of the Complaint, Defendant denies the
allegations contained in said paragraph. Defendant further responds that the allegations
in said paragraph call for a legal conclusion and no answer is required.
178. Answering Paragraph 178 of the Complaint, Defendant denies the
allegations contained in said paragraph.
179. Answering Paragraph 179 of the Complaint, Defendant denies the
allegations contained in said paragraph.
180. Answering Paragraph 180 of the Complaint, Defendant denies the
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allegations contained in said paragraph.
FOURTH CAUSE OF ACTION
FALSE ADVERTISING
181. Answering Paragraph 181 of the Complaint, Defendant incorporates by
reference its specific responses above to the specific allegations referenced in this
paragraph as fully stated herein.
182. Answering Paragraph 182 of the Complaint, Defendant denies the
allegations contained in said paragraph. Defendant further responds that the allegations
in said paragraph call for a legal conclusion and no answer is required.
183. Answering Paragraph 183 of the Complaint, Defendant denies the
allegations contained in said paragraph. Defendant further responds that the allegations
in said paragraph call for a legal conclusion and no answer is required.
184. Answering Paragraph 184 of the Complaint, Defendant denies the
allegations contained in said paragraph.
185. Answering Paragraph 185 of the Complaint, Defendant denies the
allegations contained in said paragraph.
186. Answering Paragraph 186 of the Complaint, Defendant denies the
allegations contained in said paragraph.
187. Answering Paragraph 187 and its subparagraphs a. – d. of the Complaint,
Defendant denies the allegations contained in said paragraph.
188. Answering Paragraph 188 of the Complaint, Defendant denies the
allegations contained in said paragraph.
189. Answering Paragraph 189 and its subparagraphs a. – e. of the Complaint,
Defendant denies the allegations contained in said paragraph.
190. Answering Paragraph 190 of the Complaint, Defendant denies the
allegations contained in said paragraph.
191. Answering Paragraph 191 of the Complaint, Defendant denies the
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allegations contained in said paragraph.
FIFTH CAUSE OF ACTION
VIOLATION OF THE CALIFORNIA CONSUMERS LEGAL REMEDIES ACT
192. Answering Paragraph 192 of the Complaint, Defendant incorporates by
reference its specific responses above to the specific allegations referenced in this
paragraph as fully stated herein.
193. Answering Paragraph 193 and its subparagraphs a. – b. of the Complaint,
Defendant denies the allegations contained in said paragraph, including both
subparagraphs.
194. Answering Paragraph 194 of the Complaint, Defendant denies the
allegations contained in said paragraph.
195. Answering Paragraph 195 of the Complaint, Defendant denies the
allegations contained in said paragraph.
196. Answering Paragraph 196 of the Complaint, Defendant denies the
allegations contained in said paragraph.
197. Answering Paragraph 197 of the Complaint, Defendant denies the
allegations contained in said paragraph.
198. Answering Paragraph 198 of the Complaint, Defendant denies the
allegations contained in said paragraph.
199. Answering Paragraph 199 of the Complaint, Defendant denies the
allegations contained in said paragraph.
200. Answering Paragraph 200 of the Complaint, Defendant denies the
allegations contained in said paragraph.
201. Answering Paragraph 201 of the Complaint, Defendant denies the
allegations contained in said paragraph.
///
///
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ANSWER TO PRAYER FOR RELIEF
1. Answering Paragraph 1 of the Prayer for Relief, Defendant denies the
allegations and that Plaintiffs are entitled to the requested relief contained in said
paragraph.
2. Answering Paragraph 2 of the Prayer for Relief, Defendant denies the
allegations and that Plaintiffs are entitled to the requested relief contained in said
paragraph.
3. Answering Paragraph 3 of the Prayer for Relief, Defendant denies the
allegations and that Plaintiffs are entitled to the requested relief contained in said
paragraph.
4. Answering Paragraph 4 of the Prayer for Relief, Defendant denies the
allegations and that Plaintiffs are entitled to the requested relief contained in said
paragraph.
5. Answering Paragraph 5 of the Prayer for Relief, Defendant denies the
allegations and that Plaintiffs are entitled to the requested relief contained in said
paragraph.
6. Answering Paragraph 6 of the Prayer for Relief, Defendant denies the
allegations and that Plaintiffs are entitled to the requested relief contained in said
paragraph.
7. Answering Paragraph 7 of the Prayer for Relief, Defendant denies the
allegations and that Plaintiffs are entitled to the requested relief contained in said
paragraph.
8. Answering Paragraph 8 of the Prayer for Relief, Defendant denies the
allegations and that Plaintiffs are entitled to the requested relief contained in said
paragraph.
ANSWER TO DEMAND FOR JURY
To the extent a response to Plaintiffs’ jury demand is required, Defendant denies
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that Plaintiffs are entitled to a jury trial for the claims asserted in the Complaint.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
(Failure to State a Claim)
1. The Complaint, and each purported cause of action contained therein, fails to
state facts sufficient to constitute any cause of action and fails to state any claim upon
which relief can be granted.
SECOND AFFIRMATIVE DEFENSE
(Lack of Standing)
2. The Complaint, and all purported causes of action contained therein, fails to
allege facts showing that Plaintiffs have standing to bring any of the claims included in
the Complaint.
THIRD AFFIRMATIVE DEFENSE
(Failure to Provide Notice Under Cal. Civ. Code § 1782)
3. Plaintiffs’ claims under the California Consumer Legal Remedies Act are
barred to the extent Plaintiffs failed to provide Defendant with the requisite pre-litigation
notice under California Civil Code § 1782.
FOURTH AFFIRMATIVE DEFENSE
(Other Factors Caused Alleged Harm)
4. Factors other than allegedly untrue statements of material fact, omissions of
material fact, misleading statements or other alleged actions by Defendant caused some
or all of the harm or damages alleged by Plaintiffs, to the extent there was any.
FIFTH AFFIRMATIVE DEFENSE
(No Causation)
5. Defendant is not liable to Plaintiffs, in whole or in part, because the losses
that Plaintiffs allegedly suffered were not proximately caused by any act or omission of
Defendant.
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SIXTH AFFIRMATIVE DEFENSE
(Class Action Prerequisites)
6. Plaintiffs cannot satisfy the prerequisites for class certification and,
therefore, cannot represent the interests of others.
SEVENTH AFFIRMATIVE DEFENSE
(Failure to State a Class Action)
7. The Complaint, and each claim for relief asserted therein, fails to state facts
sufficient to constitute a class action as to either Plaintiffs or Defendant.
EIGHTH AFFIRMATIVE DEFENSE
(No Injury or Harm)
8. Defendant’s alleged conduct did not cause Plaintiffs or any putative class
member harm and/or injury.
NINTH AFFIRMATIVE DEFENSE
(Lack of Subject Matter Jurisdiction)
9. Plaintiffs’ claims cannot proceed in this forum because the Court lacks
subject matter jurisdiction over Plaintiffs’ claims or, in the alternative, because the Court
should exercise discretion to decline subject matter jurisdiction over Plaintiffs’ claims.
TENTH AFFIRMATIVE DEFENSE
(No Duty to Disclose)
10. Plaintiffs’ claims are barred because Defendant was under no duty to
disclose any of the purported information Plaintiffs allege was not disclosed.
ELEVENTH AFFIRMATIVE DEFENSE
(Failure to State a Claim With Particularity)
11. Plaintiffs have failed to plead the allegations in the Complaint with sufficient
particularity as required by Rule 9(b) of the Federal Rules of Civil Procedure.
///
///
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TWELFTH AFFIRMATIVE DEFENSE
(Safe Harbor)
12. Plaintiffs’ claims under the California Business & Professions Code section
17200 et seq. are exempted by the safe harbor provision in the California Business and
Professions Code section 17200 et seq. Plaintiffs’ claims under the California Business
& Professions Code section 17500 et seq. are exempted by the safe harbor provision in
the California Business & Professions Code section 17500 et seq.
THIRTEENTH AFFIRMATIVE DEFENSE
(Additional Defenses)
13. Defendant asserts that Plaintiffs have failed to set forth their claims with
sufficient particularity to permit Defendant to raise all separate and affirmative defenses.
For this reason, and for others, Defendant reserves the right to amend and/or supplement
the averments of its Answer to assert any and all pertinent defenses ascertained through
further investigation and discovery or otherwise. Defendant will rely on all defenses that
may become available or apparent in discovery or trial.
DEFENDANT’S PRAYER FOR RELIEF (ANSWER)
WHEREFORE, Defendant prays that the Court determine and adjudge:
1. that this suit cannot be maintained as a class action;
2. that the Complaint be dismissed on the merits;
3. that Plaintiffs take nothing by the Complaint;
4. that Defendant be awarded its costs, disbursements, attorneys’
fees, and expenses incurred herein; and
///
///
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5. that Defendant be awarded such other and further relief as the
Court may deem proper.
DATED: November 5, 2015 SEYFARTH SHAW LLP
By /s/ D. Joshua SalinasMichael J. BurnsEric R. McDonoughD. Joshua Salinas
Attorneys for DefendantBURLINGTON COAT FACTORY OFCALIFORNIA, LLC
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