PLD-050
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State
Bar
number,
and
address):
FOR COURT USE ONL Y
r-
ANTHONY
R.
HAKL
State
BarNo.
197335
'
Office,
of
the
Attorney
General,
California
Department
of
Justice
1300 I Street,
Suite
125,
P.O.
Box
944255
Sacramento,
CA
94244-2550
TELEPHONE NO,
(916)
322-9041
FAX
NO,
(Optional),
(916)
324-8835
E-MAIL ADDRESS (Optional).
Anthony
ATTORNEY FOR (Name)
Defs.
and
Resps.
Harris,
Lindley
and
Chiang
SUPERIOR COURT
OF
CALIFORNIA, COUNTY
OF
Sacramento
STREET ADDRESS:
720
9th
Street
MAILING ADDRESS:
720
9th
Street
CITY AND ZIP CODE:
Sacramento,
CA
95814
BRANCH NAME:
Gordon
D.
Schaber
Courthouse
PLAINTIFF/PETITIONER:
DAVID
GENTRY,
et
a1.
DEFENDANT/RESPONDENT:
KAMALA
HARRIS,
et
a1.
CASE NUMBER::
GENERAL DENIAL
34-2013-80001667
If you want to file a general denial, you MUST use this form if the amount asked for
in
the complaint or the value of the property
involved is $1,000 or less,
You MAY use this form for a general denial
if:
1,
The complaint
is
not verified;
or
2,
The complaint is verified and the case
is
a limjted civil case (the amount
in
controversy
is
$25,000 or less),
BUT NOT if the complaint involves a claim for more than $1,000 that has been assigned to a third party for collection,
(See Code of Civil Procedure sections 85-86,
90-100,431,30,
and 431.40.)
1,
DEFENDANT (name):
Defendant
and
Respondent,
John
Chiang,
State
Controller
generally denies each and every allegation of plaintiffs complaint.
2.
[{]
DEFENDANT states the following FACTS as separate affirmative defenses to plaintiffs complaint (attach additional
pages
if
necessary):
See
attachment
1
for
list
of
separate
and
additional
defenses.
Date:
December
5,2013
ANTHONY
R.
HAKL
:~
(TYPE OR PRINT NAME) (SIGNATURE OF EFENDANT OR ATTORNEY)
If you have a claim for damages or other relief against the plaintiff, the law may require you to state your claim
in
a special pleading
called
a cross-complaint or you may lose your right to bring the claim. (See Code of Civil Procedure sections 426,10-426.40,)
The original of this General Denial must be filed with the clerk of this court with proof that a copy was served
on
each plaintiffs
attorney and
on
each plaintiff not represented by an attorney. There are two main ways to serve this General Denial:
by
personal
delivery
or by mail. It may be served by anyone at least 18 years of age EXCEPT you or any other party to this legal action.
Be
sure
that whoever serves the General Denial
fills out and signs a proof of service. You may use the applicable Judicial Council form (such
as form
POS-020,. POS-030, or POS-040) for the proof
of
service.
Form Adopted for Mandatory Use
Judicial
Council of California
PLO-050 IRev, January
1,
2009J
GENERAL DENIAL
Page 1
of
1
Code of Civil Procedure, §§ 431.30, 431.40
www.cDurtinfo.ca.gov
A
TT
ACHMENT
1
{
David Gently, et
al.
v.
Kamala\ .
..
,
ris,
et
al.
Case No. 34-2013-80001667
Submitted by Defendants and Respondents Kamala
HmTis,
Stephen Lindley and John Chiang
Attachment 1
FIRST AFFIRMATIVE DEFENSE
The petition and complaint, and each cause
of
action alleged therein, fail to state facts sufficient
to constitute a cause
of
action against respondents.
SECOND AFFIRMATIVE DEFENSE
All acts or omissions by respondents or agents, employees, or representatives
of
respondents
were discretionary acts or omissions such that a writ
of
mandate may not issue to control the
exercise
of
such discretion.
THIRD AFFIRMATIVE DEFENSE
I
All acts taken by respondents or agents, employees, or representatives
of
respondents were
performed fairly, in good faith and for a lawful purpose, were reasonable and justified, and have
been consistent with all applicable legal and constitutional standards.
FOURTH AFFIRMATIVE DEFENSE
The requested relief is barred as a matter
of
law because granting such relief would result
in
an
unlawful order compelling respondents to act contrary to statutory duties.
FIFTH AFFIRMATIVE DEFENSE
The petition and complaint, and each cause
of
action, fails because respondents have fulfilled the
duties as provided by law.
I "
SIXTH AFFIRMATIVE DEFENSE
Petitioners have failed to name indispensable parties to this action.
SEVENTH AFFIRMATIVE DEFENSE
Petitioners lack standing to maintain this action.
(
David Gently, et
at.
v.
Kamala I
...
,
ris,
et
al.
Case No. 34-2013-80001667
Submitted by Defendants and Respondents Kamala Harris, Stephen Lindley and John Chiang
EIGHTH AFFIR!MATIVE DEFENSE
Petitioners have failed verify the petition for writ
of
mandate.
NINTH AFFIRMATIVE DEFENSE
When this petition and complaint was filed and at all times thereafter, another action has been
pending in the
United States District Court involving the same parties and causes
of
action. (See
Bauer, et
al.
vs.
Harris, et al., Case No. 1:11-cv-01440-LJO-MJS (E.D. Cal.). Accordingly,
respondents reserve the right
to
move
to
stay this action.
DECLARATION OF SERVICE BY U.S. MAIL
Case Name: Gentry, David, et
at.
v. Kamala Harris, et al.
No.: 34-2013-80001667
I declare:
I am employed in the
Office
of
the Attorney General, which is the office
of
a member
of
the
California
State Bar, at which member's direction this service is made. I am
18
years
of
age or
older and not a party to this matter; my business address is 1300 I Street, Suite 125, P.O. Box
944255, Sacramento, CA 94244-2550.
On December
6,
2013, I served the attached
GENERAL DENIAL
by
placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid,
in
the United States Mail at Sacramento, California, addressed as follows:
C.D. Michel
Glenn
S.
McRobelis
Sean
A.
Brady
Michel
& Associates, P.C.
180
E.
Ocean Boulevard, Suite 200
Long Beach, CA 90802
I declare under penalty
of
perjury under the laws
of
the State
of
California the foregoing is true
and correct and that this declaration was executed on December 6, 2013, at Sacramento,
California.
SI\20 I 3 113332
Declaration
of
Service
doc
Brenda Apodaca
Declarant
Signature
DEPARTMENT OF JUSTICE
Office
of
the Attorney General
1300 I Street, Suite 125
P.O. Box 944255
"<l",r<ltnl'nTn
CA 94244-2550
C.D. Michel
Glenn
S.
McRoberts
Sean
A. Brady
Michel
& Associates, P.C.
180
E.
Ocean Boulevard, Suite 200
Long Beach, CA 90802
•
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