HAMMERMAN & HULTGREN, P.C.
2 3101 North Central Avenue, Suite 500
Phoenix, Arizona 85012
3 Telephone: (602) 264-2566
Facsimile: (602) 266-3488
4
5 Attorney for Coldwell Banker Itildo, Inc.
and Marsha L. Tomerlin
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9 DAVID MENKEN, a single man, Plaintiff - NO. CV 04-598
Appellant,
10 Piamurr,
H VS. ANSWER TO FIRST AMENDED
12 COMPLAINT
GERRY F. EMM, husband; MAXINE C.
13 EMM, wife; COLDWELL BANI
14 TOMERLIN, wife; ]OHN DOE TOMERLIN; Murguia)
DAVID]. MORANDI, husband, ]ANE DOE
15 MORANDI, wife; SCARPELLO, HUSS &
OSHINSKI, LTD., a Nevada Law Firm,
16 Defendants.
17
18 Defendants, Coldwell Banker Itildo and Marsha L. Tomerlin, by and through their counsel
19 undersigned, as and for its Answer to Plaintiff's First Amended Complaint, hereby admit, deny,
20 and allege, as follows:
21 I. INTRODUCTION
22 I.
23 The Defendants deny the allegations contained in paragraph 1 of the First Amended
24 Complaint under this section.
25 II. ]URISDICTION
26 II.
27 The Defendants admit the allegations contained in paragraphs 2 of the First Amended
28 Complaint under this section.
Case 2:04-cv-00598-I\/IHIVI Document 81 Filed O7/O7/2008 Page 1 of 4
I III.
2 The Defendants deny that William Tomerlin is a Defendant and admits the remainder of
3 the allegations contained in paragraphs 3 of the First Amended Complaint under this section.
4 III. GENERAL ALLEGATIONS
5 IV.
6 The Defendants admit the allegations contained in paragraphs IA through IC of the First
7 Amended Complaint under this section.
8 V.
9 The Defendants deny the allegations contained in paragraph ID of the First Amended
I0 Complaint under this section.
II VI.
I2 In paragraph 2 of the First Amended Complaint, under this section, the Defendants admit
I3 that an Order was recorded, but deny the remaining allegations.
I4 VII.
I5 In paragraph 3 of the First Amended Complaint, under this section, the Defendants admit
I6 that the statute is quoted correctly.
I7 VIII.
I8 The Defendants deny the allegations contained in paragraphs 4 through I2 of the First
I9 Amended Complaint under this section.
20 IV.
2I As for paragraph I3 of the First Amended Complaint, the Defendants admit that they
22 refused to satisfy the unpaid ]udgment entered against the Plaintiff.
23 FIRST CLAIM FOR RELIEF
24 (Negligence)
25 X.
26 The Defendants deny the allegations contained in paragraphs I6 through 20 of the First
27
28 2
Case 2:04-cv-00598-I\/IHIVI Document 81 Filed O7/O7/2008 Page 2 of 4
1 Amended Complaint.
2 SECOND CLAIM FOR RELIEF
3 (Wrongful Interference with Business Expectancy)
4 XI.
5 The Defendants deny the allegations contained in paragraphs 22 through 27 of the First
6 Amended Complaint.
7 THIRD CLAIM FOR RELIEF
8 (Intentional Infliction of Emotional Distress)
9 XII.
10 The Defendants deny the allegations contained in paragraphs 29 through 31 of the First
11 Amended Complaint.
12 FOURTH CLAIM FOR RELIEF
13 (A.R.S. § 33-420)
14 COUNT I
15 XIII.
16 The Defendants deny the allegations contained in paragraphs 33 through 36 of the First
17 Amended Complaint.
18 COUNT II
19 XIV.
20 The Defendants deny the allegations contained in paragraphs 38 and 39 of the First
21 Amended Complaint.
22 AFFIRMATIVE DEFENSES
23 The Defendants hereby affirmatively allege failure to state a claim upon which relief can be
24 granted, lacl< of service of process, statute of limitations, statute of frauds, waiver, unclean hands,
25 failure of consideration, contributory negligence, lacl< of ownership, illegality, lacl< of standing,
26 estoppel, assumption of risk, res judicata, and any other affirmative defenses that may be available
27
28 3
Case 2:04-cv-00598-I\/IHIVI Document 81 Filed O7/O7/2008 Page 3 of 4
1 to, but currently unknown by, the Defendants.
2 WHEREFORE, having fully replied t0 the First Amended Complaint in this matter, the
3 Defendants respectfully requests:
4 1. That the First Amended Complaint be dismissed with prejudice;
5 2. That Plaintiff take nothing thereby;
6 3. That the Defendants be awarded their costs and attorneys’ fees incurred herein; and
7 4. That the Defendants be awarded such other and further relief that the Court may
8 deem just and proper.
9 DATED this 2“d day of ]uly, 2008.
10 HAMMERMAN & HULTGREN, P.C.
11
[sf Vincent M. Creta
12 Vincent M. Creta
3101 N. Central Avenue, Suite 500
13 Phoenix, Arizona 85012
Attorney for Coldwell Banker ltildo, lnc.
14 and Marsha L. Tomerlin
15
16 COPY of the foregoing
provided via e—file this 21st day of
17 ]uly, 2008, to:
18 Honorable Mary H. Murguia
United States District Court — District of Arizona
19 Sandra Day O’Connor U.S. Courthouse, Ste. 525
401 W. Washington St., SPC 53
20 Phoenix, AZ 85 03
21 and COPY mailed to:
22 Terrance]. Slominski
SLOMINSKI & ASSOCIATES
23 7150 S.W. Hampton, Suite 201
Tigard, OR 972 3
24 Attorney for Plaintiff
25
26 [sf Vincent M. Creta
27
28 4
Case 2:04-cv-00598-I\/IHIVI Document 81 Filed O7/O7/2008 Page 4 of 4
Case 2:04-cv-00598-MHM
Document 81
Filed 07/07/2008
Page 1 of 4
Case 2:04-cv-00598-MHM
Document 81
Filed 07/07/2008
Page 2 of 4
Case 2:04-cv-00598-MHM
Document 81
Filed 07/07/2008
Page 3 of 4
Case 2:04-cv-00598-MHM
Document 81
Filed 07/07/2008
Page 4 of 4
United States Free Forms
Canada Free Forms
United Kingdom Free Forms
Australia Free Forms