HomeMy WebLinkAbout20260105_Answer Filed- Robert Nolan Church_City v SmithELECTRONICALLY FILED1/5/2026 5:19 PMSTEPHENG.GEIHS (248716)
Law Offices of Stephen G.Geihs
2 314 Pomeroy Avenue
Post Office Box 155
3 Pismo Beach,CA 93448
4 Fax No:(805)773-4651
San Luis Ghispo Superior Court
brielle Medina,Deputy Clerk
Telephone No:(805)773-4601 By:
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Attorney for Defendant,ROBERT NOLAN CHURCH dba
6 COLORTRENDS PAINTING &DECORATING
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN LUIS OBISPO
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THE PEOPLE OF THE STATE OF CALIFORNIA,Case No.25CV-0667
EX REL.,J.CHRISTINE DEITRICK,CITY AT-
TORNEY OF SAN LUIS OBISPO;and CITY OF ANSWER OF DEFENDANT ROBERT
SAN LUIS OBISPO,a California municipal corpora-NOLAN CHURCH DBA COLORTRENDS
tion,PAINTING &DECORATING
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[Honorable Judge Tana L.Coates]
Plaintiff.
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Vs.
Complaint Filed:October 16,2025
Trial Date:Not Set
LAUREL CREEK,LP,a California Limited
Partnership;
LAUREL CREEK,II,LP,a Delaware limited
partnership;
1160 LAUREL LANE,LLC,a California limited
liability company;
PATRICK N.SMITH a/k/a PATRICK SMITH,
an individual;
SMITH AND COMPANY,A REAL ESTATE
INVESTMENT DEVELOPMENT
CORPORATION,a California corporation;
PATRICK N.SMITH a/k/a PATRICK SMITH,AS
TRUSTEE OF THE PATRICK N SMITH 2004
LIVING TRUST;
CPIF CALIFORNIA LLC,a California limited
liability company;
CPIF LAURAL CREEK,LLC,a Washington lim-
ited liability company;ALL WALLS SYSTEMS,INC.,a Delaware
corporation;
AMERICAN RIVER BANK,a California corpora-
tion;
ARNOLD BUILDERS INC.,a California
corporation;
B &EB CONSTRUCTION CLEANUP INC.,a Cali-
fornia corporation;
BLUE STEEL CONCRETE,LLC,a California lim-
ited liability company;
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ANSWER TO COMPLAINT
COAST ENGINEERING &DESIGN INC.,a Cali-
fornia corporation;
CONSOLIDATED ELECTRICAL DISTIBUTORS,
INC.,d/b/a CALIFORNIA ELECTRICAL SUPPLY,
a Delaware corporation;
CULBERT PLUMBING INC.,F/K/A/CULBERT
CONSTRUCTION AND PLUMBING,INC.,a Cali-
fornia stock corporation;
EMPIRE ELECTRICAL SOLUTIONS,INC.,a
California corporation;
FAMCON PIPE &SUPPLY,INC.,a California cor-
poration;
G W SURFACES,a California corporation;
HOMER T.HAYWARD LUMBER CO.,a Califor-
nia corporation;
KIRK CONSTRUCTION,a California
Corporation'
LC LENDERS,LLC.a Delaware limited liability
company;
LW CONSTRUCTION,INC.,a California corpora-
tion;
MAHOGANY CONSTRUCTION,INC.,a Califor-
nia corporation:
NOLAN CHURCH DOING BUSINESS AS COL-
ORTRENDS PAINTING &DECORATING,a Cali-
fornia sole ownership or proprietor business;
THE SHERWIN-WILLIAMS COMPANY,
an Ohio corporation;
UNITED RENTALS (NORTH AMERICA),INC.,
a Delaware corporation:
US AIR CONDITIONING DISTRIBUTORS,LLC,
a Delaware limited liability company,and,
DOES 1 -50,inclusive,
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Defendants.18
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Defendant,ROBERT NOLAN CHURCH,dba COLORTRENDS PAINTING
&DECORATING,severing from any other co-defendants,and answering the com-
plaint filed herein as follows:
GENERAL DENIAL
Pursuant to Code of Civil Procedure §431.30(d),defendant denies,generally
and specifically,each and every allegation in plaintiff's complaint.Defendant further
denies,generally and specifically,that plaintiff has been damaged in the sum alleged,
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in any other sum,or at all,by reason of any acts or omission on the part of this an-
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ANSWER TO COMPLAINT
1 swering defendant.(See Paul Blanco's Good Car Co.Auto Group v.Superior Court
2 (2020)56 Cal.App.5"86 [a general denial is a proper response to unverified com-
0 plaint filed by a government entity,even if plaintiff attempts to deem the complaint
4 verified under CCP §446].)
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
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(Failure to State Facts Sufficient to Constitute Causes of Action)
As and for a separate,and affirmative defense to the allegations of the
9 complaint on file herein,defendant alleges that plaintiff has failed to state therein
10 sufficient facts to constitute causes of action against this answering defendant.
SECOND AFFIRMATIVE DEFENSE
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(Statute of Limitations)
As and for a further,separate and affirmative defense to the allegations of
14 the complaint filed herein,defendant alleges that plaintiff has failed to commence
15 this action within the applicable statutes of limitation prescribed by California law.
THIRD AFFIRMATIVE DEFENSE
(Laches)
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As and for a further,separate and affirmative defense to the allegations of
19 the complaint filed herein,defendant alleges that plaintiff has failed to commence
20 this action within a reasonable time,to the prejudice of this answering defendant.
FOURTH AFFIRMATIVE DEFENSE
(Harm Not Created by Defendant)
As and for a further,separate and affirmative defense to the allegations of
24 the complaint on file herein,defendant allege that plaintiff was not harmed or injured
25 in any manner by the alleged actions of defendant.Any loss,damage or injury sus-
26 tained by plaintiff in connection with the events alleged in the complaint,were actu-
27 ally and proximately caused by the willful action and/or negligence of plaintiff
28 and/or other parties,and not this answering defendant.
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ANSWER TO COMPLAINT
FIFTH AFFIRMATIVE DEFENSE
(Failure to Mitigate)
As and for a further,separate and affirmative defense to the allegations of
4 the complaint on file herein,defendant alleges that plaintiff,by the exercise of rea-
5 sonable effort and/or care,could have mitigated the amount of damages alleged to
6 have been suffered,but plaintiff has failed,neglected and refused,and continues to
fail and refuse,to exercise reasonable efforts to mitigate the alleged damages.
SIXTH AFFIRMATIVE DEFENSE
(Waiver)
As and for a further,separate and affirmative defense to the allegations of
the complaint filed herein,defendant alleges that plaintiff has waived their rights to
assert the causes of action alleged in the complaint.
SEVENTH AFFIRMATIVE DEFENSE
(Estoppel)
As and for a further,separate and affirmative defense to the allegations of
16 the complaint filed herein,defendant alleges that plaintiff has engaged in conduct
17 which constitutes a relinquishment of all claims plaintiffs may have against this an-
18 swering defendant,and plaintiffs are thereby estopped to assert any right or relief.
EIGHTH AFFIRMATIVE DEFENSE
(Indemnity)
As and for a further,separate and affirmative defense to the allegations of
22 the complaint filed herein,defendant alleges that if plaintiff establishes that defen-
23 dant is responsible for any of plaintiff's alleged damages,defendant would be enti-
24 tled to indemnity and/or contribution from others which proximately caused or con-
25 tributed to its alleged damages,if any.
NINTH AFFIRMATIVE DEFENSE
(Unclean Hands)
As and for a further,separate and affirmative defense to the allegations of
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ANSWER TO COMPLAINT
1 the complaint filed herein,defendant alleges that plaintiff has come into this court
2 with unclean hands.
TENTH AFFIRMATIVE DEFENSE
(Ratification)
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As and for a further,separate and affirmative defense to the allegations of
6 the complaint filed herein,defendant alleges that by reason of the knowledge,state-
7 ments and/or conduct of plaintiff,they have ratified all acts and omissions of this an-
8 swering defendant,if any,and are therefore barred from bringing the complaint.
ELEVENTH AFFIRMATIVE DEFENSE
(Notice)
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As and for a further,separate and affirmative defense to the allegations of
12 the complaint filed herein,defendant alleges that the complaint is barred by plain-
13 tiff's knowledge of facts,which put them on either actual,constructive or inquiry
14 notice of the harm,if any,alleged in the complaint.
TWELFTH AFFIRMATIVE DEFENSE
(Reservation)
As and for a further,separate and affirmative defense to the allegations of
18 the complaint filed herein,defendant alleges that because plaintiffs'complaint is
19 couched in conclusionary terms this answering defendant cannot fully anticipate all
20 affirmative defenses that may be applicable to the within action.Accordingly,the
21 right to assert additional affirmative defenses,if and to the extent that such affirma-
22 tive defenses are applicable,is hereby reserved.
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Dated:January 5,2026.Respectfully submitted,23
LAW OFFICES OF STEPHEN G.GEIHS24
By:y,
P G.Gf S,A Orney for
Deft da ROBERT NOLAN CHURCH
db COFkORTRENDS PANTING &
DECORATING
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ANSWER TO COMPLAINT
PROOF OF SERVICE
(Section 1013a,2015.5 CCP,28 USC 1746)
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO
I am employed in the County of San Luis Obispo,State of California.I am
over the age of 18 years,and not a party to the within action;my business address
is 3 14 Pomeroy Avenue,Pismo Beach,California 93449,
On January 5,2026,I served the foregoing document(s)described as:
ANSWER OF DEFENDANT ROBERT NOLAN CHURCH DBA
COLORTRENDS PAINTING &DECORATING
on the interested parties in this action by transmitting true copies thereof as follows:
Matthew R.Silver,Esq.
Sean E.Morrissey,Esq.
Nicholas Garces,Esq.CIVICA LAW GROUP APC
4000 Barranca Parkway,Suite 250,PMB #782
Irvine,CA 92604
(Attorneys for Plaintiff)
XX BY MAIL -On the above date,at Pismo Beach,California,I
caused the above to be placed,with prepaid postage thereon,in
the United States mail.
BY FACSIMILE On the above date,I caused such document to be
transmitted to the offices of the addressee.
BY PERSONAL SERVICE By personally delivering the above-
captioned documents to the parties within.
I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct and this document was executed on January 5,
2026,at Pismo Beach,California.
a
ACY L.G S