COPY CONFORMED GoPyY 1 | BRYAN J. FREEDMAN, ESQ, (SBN 151990) Ona INN eE CSF BRIAN E. TURNAUER, ESQ. (SBN 214768) Superior Court of Calfornia 2 |FREEDMAN*TAITELMAN, LLP ounty of Los Angeles 1901 Avenue of the Stars, Suite 500 3 | Los Angeles, California 90067 MAR 13 2017 ‘Tel.: (310) 201-0005 4) Fax: (310) 201-0045 Ditisar/Cler Deputy 5 | Attorneys for Defendant Todd Joseph Miller Mesas Bote 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 1 FOR THE COUNTY OF LOS ANGELES 8 9 CASE NO. BC645304 WILSON DEON THOMAS, III, an 10 | individual, (Assigned to Hon. Patricia Nieto, Dept. 91] "1 Plaintiff, DEFENDANT’S ANSWER TO COMPLAINT 12 vs. 13 | TODD JOSEPH MILLER, an individual, Action Filed: December 29, 2016 FSC June 14, 2018 4 Defendant. Trial June 29, 2018 16 Defendant Jason Todd Joseph Miller (Mr. Miller” or “Defendant”) hereby answers the 17} unverified complaint for Assault and Battery and Intentional Infliction of Emotion [sic] Distress 18 | (“Complaint”), filed by filed by plaintiff Wilson Deon Thomas 111 (““Thomas” or “Plaintiff”) 19 GENERAL DENIAL 20 1, Pursuant to Section 431.30(d) of the California Code Civil Procedure, Defendant 21 | files a general denial to the Complaint, and to each and every cause of action thereof, and 22 | answering all allegations of the Complaint, denies, generally and specially, each and every 23 | material allegation of Plaintiff's unverified Complaint, By alleging the matters set forth in these 24 | affirmative defenses, Defendant does not allege or admit that he has the burden of proof and/or 25 | the burden of persuasion with respect to any of those matters 26 |) an 28 1 “ANSWER TO COMPLAINTeeu aw een 10 uN 12 13 4 15 16 7 18 19 20 2 2 24 25 26 27 28 ARFIRMATIVE DEFENSES 2. Asa separate and distinct affirmative defense to Plaintiffs’ Complaint, and each purported cause of action contained therein, Defendant alleges as follows: FIRST AFFIRMATIVE DEFENSE (Unclean Hands) 3. From the moment Mr. Miller and his wife stepped into Mr. Thomas's vehicle and he recognized Mr. Miller as a comedian and Hollywood actor, Mr. Thomas started a plan to try and extort money from Mr. Miller, even commenting that Mr. Miller was “a rich guy.” Indeed, ‘Mr. Thomas is no stranger to making up stories, creating fictitious injuries, seeking work restrictions and trying to hold others responsible by filing lawsuits against them. 4. Inthis matter, Mr. Thomas alleges that Mr. Miller, who was sitting in the back seat of Mr. Thomas’ vehicle, somehow “struck” him on the shoulder and across the head, forcing Mr. Thomas to stam on his breaks and cause immediate injury to him, including among. other things, emotional distress, “anxiety, depression, stress, insomnia” and other damages. 5. This is no different from a previous lawsuit Mr. Thomas’s filed against his former employer, General Aviation, where he claimed an ankle injury, sought “work restrictions,” and then sued his employer for wrongful termination, among other causes of action, because he believed his employer somehow retaliated against him, in part, based on his ankle injury. Similar to the instant matter, Mr. Thomas alleged that he suffered “great anxiety, embarrassment, anger, loss of enjoyment of life, and emotional distress.” See Wilson Thomas v. General Aviation, Orange County Superior Court, case number 30-2014-00712543-CU-WT- CIC. That lawsuit was quickly disposed of, and was clearly an attempt to manipulate fact and injury for his personal profit. 6. Here, when Mr. Thomas looked at Mr. Miller and his wife through his rear view mirror, he saw nothing but dollar signs and was determined to get his. Mr. Thomas sought out a doctor the day after the alleged incident, and while there is no doubt that Mr. Thomas searched high and low for a treater, the best he could find was a doctor who would say nothing more than 2 "ANSWER TO COMPLAINTwear au eon 10 W 12 13 4 15 16 7 18 19 20 21 2 23 2s 26 27 28 Mr. Thomas exhibited “minor aches” and “slight pain” from the alleged incident. The treater then wrote Mr. Thomas a seven-day “work restriction,” a prescription which Mr. Thomas is very familiar with 7. There is no doubt that Mr. Thomas, the king of concocted injuries to obtain work restrictions in support of his frivolous lawsuits, will continue to make up stories in this lawsuit and in the future. Let all persons and future employers be forewarned that Mr. Thomas's behavior here is a pattern, practice, and course of conduct that will no doubt continue throughout his less-than-regular employment future. 8. This lawsuit is a money grab and a complete waste of time and judicial resources, Unfortunately for Mr. Thomas, he cannot come to court with false claims and expect to be rewarded. Mr. Thomas’s unclean hands, among other things, bars him from any recovery from Mr. Miller. SECOND AFFIRMATIVE DEFENSE (Failure to State a Cause of Action) 9. The Complaint and the causes of action set forth therein, fil to state facts sufficient to constitute a cause of action against Defendant, ‘THIRD AFFIRMATIVE DEFENSE (Statutes of Limitation) 10. The alleged causes of action in the Complaint are barred by the applicable Statutes of Limitation, including but not limited to California Code of Civil Procedure Sections 335.1, 338, and 343. FOURTH AFFIRMATIVE DEFENSE (Estoppel) 11, The Complaint, and the causes of action alleged against Defendant, are barred by the doctrine of estoppel. a Mit 3 "ANSWER TO COMPLAINTwma aw eon 10 nN 12 13 4 15 16 7 18 19 20 2 22 23 24 25 26 27 28 FIFTH AFFIRMATIVE DEFENSE (Ratification) 12. Plaintiff has ratified and confirmed the acts and omissions of Defendant, if any, of which Plaintiff now complains, and Plaintiff is therefore not entitled to the relief prayed for or for any relief whatsoever. sIXTH Al ISE (Waiver) 13, Plaintiff has waived any right to the relief which they seek by their Complaint, and, as a consequence thereof, Plaintiffs are barred from seeking the relief sought or any relief whatsoever SEVENTH AFFIRMATIVE DEFENSE (Offsey Sem) 14, Defendant possesses the legal and equitable right of offset or a setoff for claims existing against Plaintiffs, EIGHT AFFIRMATIVE DEFENSE (Failure to Mitigate) 15. If any damages or losses were suffered by Plaintiff herein, then Plaintiffs has failed to take reasonable and necessary steps in order to mitigate, lessen, reduce and minimize said damages and losses. NINTH AFFIRMATIVE DEFENSE (Laches) 16. Plaintiff, and this agents, servants and employees, have failed to bring the causes, of action alleged in the Complaint in a timely manner and are therefore barred from recovery against Defendant, in whole or in part, by the equitable doctrine of laches. TENTH AFFIRMATIVE DEFENSE (Consent) 17. The Complaint and each and every cause of action alleged therein are barred on 4 “ANSWER TO COMPLAINTSeer aueoen MW 13 4 15 16 7 18 19 2 2 23 24 25 26 27 28 the ground of Plaintiff's consent. ELEVENTH AFFIRMATIVE DEFENSE (Sole Negligence of Third Party) 18, The damages and injuries, if any, suffered by Plaintiff was directly and proximately caused solely by the careless, reckless, negligent and wrongful conduct of individuals or entities other than Defendant. As a consequence thereof, Plaintiff is barred from recovery against Defendant herein, ‘TWELFTH AFFIRMATIVE DEFENSE, (Intentional Misconduct of Third Party) 19, The damages and injuries, ifany, suffered by Plaintiffs was directly and proximately caused by the intentional misconduct of individuals or entities other than Defendant. As a consequence thereof, Plaintiffs are barred from recovery against Defendant herein. ‘THIRTEENTH AFFIRMATIVE DEFENSE (Superseding and Intervening Cause) 20. The damages and injuries, if any, suffered by Plaintiff were directly and proximately caused solely by the acts or omissions of individuals or entities other than Defendant. The acts and omissions of such other individuals or entities are superseding or intervening causes of loss or damages, if any, suffered by Plaintiff. As a consequence thereof, Plaintiff is barred from recovery against Defendant herein. FOURTEENTH AFFIRMATIVE DEFENSE (Contribution) 21. Defendant alleges that in the event it is found in some manner legally liable to Plaintiff as a result of the events or occurrences described in the Complaint, that liability will be solely based upon a derivative, vicarious, or imputed form of liability, not resulting from his own conduct, but instead based upon an obligation imposed upon him by law, or by the conduct of others, and as such the legal liability of Defendant would be proximately caused by the acts 5 “ANSWER TO COMPLAINTCea awawn 10 nN 2 13 4 1s 16 7 18 19 21 2 2B 24 25 27 28 or omissions of others and therefore, Defendant is entitled to recover contribution from them. FIFTEENTH AFFIRMATIVE DEFENSE (Implied/Comparable Indemnity) 22. Defendant alleges that in the event he is found in some manner legally liable to Plaintiffs as a result of the events or occurrences described in the Complaint, that liability will be solely based upon a derivative, vicarious, or imputed form of liability, not resulting from his ‘own conduct, but instead based upon an obligation imposed upon him by law, or by the conduct of others, and as such the legal liability of Defendant would be proximately caused by acts or ‘omissions of others and therefore, Defendant is entitled to recover total and complete indemnity from them. SIXTEENTH AFFIRMATIVE DEFENSE (Equitable Indemnity) 23. Defendant alleges that in the event he is found in some manner legally liable to Plaintiff as a result of the events or occurrences described in the Complaint, that liability will be solely based upon a derivative, vicarious, or imputed form of liability, not resulting from his ‘own conduct, but instead based upon an obligation imposed upon him by law, or by the conduct of others, and as such the legal liability of Defendant would be proximately caused by the acts ‘of omissions of others and therefore, Defendant is entitled (o recover total and complete indemnity from them. SEVENTEENTH AFFIRMATIVE DEFENSE (Unjust Enrichment) 24. The Complaint, and each purported cause of action contained therein, is barred by the doctrine of unjust enrichment. EIGHTEENTH AFFIRMATIVE DEFENSE (Comparative Fault) 25. Any injury or damage to Plaintiff was proximately caused by the negligence, recklessness or intentional conduct of others who acted as Plaintiff's legal counsel, agents or 6 "ANSWER TO COMPLAINTSco mr gu eun u 12 13 4 15 16 7 18 19 20 2 24 25 26 27 28 representatives. Accordingly, if any liability is found on the part of Defendant, then Defendant's liability to Plaintiff shall be reduced on the basis of comparative fault. NINETEENTH AFFIRMATIVE DEFENSE (Contributory Negligence) 26. Any injury or damage to Pleintiff, which Defendant specifically denies, was proximately caused by the negligence of Plaintiff. ‘TWENTIETH AFFIRMATIVE DEFENSE (Speculative Damages) 27. Plaintiff's alleged damages are too speculative to permit recovery in this case. ‘TWENTY-FIRST AFFIRMATIVE DEFENSE (Due Process Bars Punitive Damages) 28. The Plaintiff fails to state facts sufficient to permit an award of punitive damages and any such award would violate due process. ‘TWENTY-SECOND AFFIRMATIVE DEFENSE Litigation Privilege) 29. The conduct described by the Complaint about the Defendant is protected by the litigation privilege. TWENTY- THIRD AFFIRMATIVE DEFENSE (Prevention of Performance) 30. Any alleged performance that Plaintifis allege that Defendant failed to perform ‘was the result of Plaintiffs preventing the Defendant from performing his obligations under the agreement(s) alleged in the Complaint, and Plaintiffs’ actions in so doing bars recovery herein. TWENTY-FOURTH AFFIRMATIVE DEFENSE (Assumption of the Risk) 31, Plaintiff his agents, servants and employees, knowingly and willingly assumed the risk of injury and damages with regard to the matters alleged in the Complaint. Said knowing and willful assumption of the risk directly and proximately caused and contributed to Plaintiff's 2 ANSWER TO COMPLAINTSeow a auwawn uW 12 13 14 15 16 7 18 19 20 2 22 23 24 25 26 27 28 alleged injuries and damages, and as a consequence thercof, Plaintiff is barred from recovery herein. ‘TWENTY-FIFTH AFFIRMATIVE DEFENSE (Acts Alleged Never Occurred) 32. The acts alleged to have been committed by Defendant for which Plaintiff has sued Defendant, did not occur. ‘TWENTY-SIXTH AFFIRMATIVE DEFENSE (Acts of Others) 33. Any alleged damages allegedly incurred to Plaintiff is the result of the acts, omissions, conduct, negligence, or breach of Plaintiff and/or persons other than Defendant including, without limitation, Plaintiff's agents. TWENTY-SEVENTH AFFIRMATIVE DEFENSE (Excuse) 34, The acts and/or omissions of Plaintiff has excused any alleged act or alleged failure to act on the part of Defendant. TWENTY-EIGHTH AF! VI] SE (Discharge) 35. If Defendant owed any alleged obligations or legal duties to Plaintiff, which Defendant hereby denies, Defendant has appropriately, completely and fully performed and discharged any alleged obligations and any alleged legal duties arising out of the matters alleged in the Complaint, ‘TWENTY-NINTH AFFIRMATIVE DEFENSE (Self-Defense) 36. Alternatively, assuming, arguendo that Defendant struck Plaintiff, then Defendant is not responsible for Plaintiff's alleged damages because Defendant was acting in self-defense. Defendant reasonably believed that Plaintiff was going to harm him; and Defendnat used only the amount of force that was reasonably necessary to protect himself from Plaintiff. 8 "ANSWER TO COMPLAINTSee a aw evn u 12 13 4 15 16 7 18 19 20 2 2 24 25 26 27 28 THIRTIETH AFFIRMATIVE DEFENSE (Defense of Others) 37. Alternatively, assuming, arguendo that Defendant struck Plaintiff, which Defendant denies, then Defendant is not responsible for Plaintiff's alleged damages because Defendant was acting in defense of another. Defendant reasonably believed that Plaintiff was going to harm [his wife]; and Defendant used only the amount of force that was reasonably necessary to protect [his wife]. THIRTY-FIRST AFFIRMATIVE DEFENSE (Reservation) 38. Defendant presently has insufficient knowledge or information on which to form a belief as to whether he may have additional, as yet, unstated affirmative defenses available. Defendant reserves the right to assert additional defenses in the event that discovery indicates they would be appropriate, THIRTY-SECOND AFFIRMATIVE DEFENSE (Additional Affirmative Defenses) 39, Defendant alleges that he has insufficient knowledge or information upon which to form a belief as to whether he may have additional, as yet unstated, separate defenses available to him. Therefore, Defendant reserves the right to assert additional separate defenses in the event discovery indicates that such defenses would be appropriate. Ua ME at ih My mM Mm iu 9 “ANSWER TO COMPLAINTWHEREFORE, having fully answered the Complaint, Defendant respectfully hereby requests this Court enter an Order as follows: 1. Dismissing the Complaint, in its entirety, with prejudice; 2. Awarding costs and reasonable attorneys’ fees in favor of Defendant; and 3. Granting such other, further and different relief as to this Court deems just, equitable| and proper under the circumstances. Dated: March 13, 2017 FREEDMAN By a er ‘Attorneys for Defendant Todd Joseph Miller 10 "ANSWER TO COMPLAINTCer nanunnun 10 12 13, 14 15 16 7 18 19 20 2 2 23 24 27 PROOF OF SERVICE STATE OF CALIFORNIA ] J ss. COUNTY OF LOS ANGELES 1am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 1901 Avenue of the Stars, Suite 500, Los Angeles, California 90067, On March 13, 2017, I served the foregoing document(s) described as: DEFENDANT'S ANSWER TO COMPLAINT ‘on the interested parties in this action as follows: Michael R. Parker MRR. Parker Law, PC 21700 Oxnard Street Suite 2080 Woodland Hills, CA 91367 ‘Telephone: (818) 334-5711 Facsimile: (818) 394-6448 ‘Michael@mrparkerlaw.com Attorneys for Plaintiff Wilson Deon Thomas, il BY By United States Mail: by placing a true copy of the document(s) listed above in a sealed envelope(s), with postage thereon fully prepaid, addressed as set forth below. I am “readily| familiat” with the firm’s practice for collection and processing of correspondence and other| ‘materials for mailing with the United States Postal Service. On this date, I sealed the envelope(s)| containing the above materials and placed the envelope(s) for collection and mailing at the| address above following our office’s ordinary business practices. The envelope(s) will be deposited with the United States Postal Service on this date, in the ordinary course of business. C1 By Overnight Delivery: by placing the document(s) listed above in a sealed Federal Express envelope and affixing a pre-paid air bill and causing the envelope to be delivered to a Federal Express agent for next business day delivery to the address(es) listed above. CO By Personal Service: I personally delivered to the offices of the addressee, addressed as set forth above by leaving the documents in an envelope or package clearly labeled to identify the| attomey being served with a receptionist or an individual in charge of the office, between the| hours of nine in the morning and five in the evening, C By Personal Service, via Nationwide Attorney Service: I gave said documents to the firm’s| regular attorney service with specific instructions to be personally delivered by hand to the| offices of the addressee, addressed as set forth above. Delivery was made (o the attorney or at the| attorney's office by leaving the documents in an envelope or package clearly labeled to identify| 1 PROOF OF SERVICECer anneun 10 Nl 2 B 14 15 16 7 18 19 20 2 22 23 24 25 26 27 28 CO By Personal Service (Ex Parte): | personally delivered by hand to the attomey in attendance on| C By Electronic Mail Per Agreement Between Counsel: by transmitting via electronic mail the| ( Courtesy Copy by Electronic Mail: I transmitted courtesy copies of said document(s) vial State. I declare under penalty of perjury under the laws of the State of California that the above |X] Federal. I declare that I am employed in the office of a member of the bar of this court at whose| Executed on March 13, 2017 at Los Angeles, California. the attomey being served with a receptionist or an individual in charge of the office, between the hours of nine in the morning and five in the evening, behalf of the above-named counsel at the hearing of in Department] __ of the Courthouse, » California. document(s) listed above to the addresses set forth above on this date before 5:00 p.m. from| Kjolaci@ftllp.com. To the best of my knowledge, the transmission was complete and without] error in that I did not receive an electronic notification to the contrary. electronic mail the document(s) listed above to the addresses set forth above on this date before| 5:00 p.m, from kiolaei@ftllp.com. To the best of my knowledge, the transmission was complete| and without error in that I did not receive an electronic notification to the contrary. is true and correct, direction the service was made. 2 PROOF OF SERVICE