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HomeMy WebLinkAbout20260204_Answer Filed- B&B Construction_City v SmithELECTRONICALLY FILED2/4/2026 3:46 PMVincentT.Martinez,SBN 174157 CHELL AND RICE,LLP 2 215 North Lincoln Street San Luis Obispo Superior Court P.O.Box 520 Santa Maria,CA 93456 Telephone:(805)925-2611 4 Facsimile:(805)925-1635 email:vmartinez@twitchellandrice.com 5 email:llimone@twitchellandrice.com 1 3 By: Inma Santidgt,Deputy Clerk 6 Attorney for Defendant B&B CONSTRUCTION CLEANUP,INC. 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN LUIS OBISPO 8 9 THE PEOPLE OF THE STATE OF CALIFORNIA,EX)Case Number:25CV-0667 REL.J.CHRISTINE DIETRICK,CITY ATTORNEY ) OF THE CITY OF SAN LUIS OBISPO;and THE CITY OF SAN LUIS OBISPO,a California municipal corporation, DEFENDANT B&B CONSTRUCTION CLEANUP,INC.'S ANSWER TO VERIFIED COMPLAINT Plaintiffs, )Unlimited Civil VS. Complaint Filed:October 16,2025 LAUREL CREEK,LP,a California limited partnership;) 16 LAUREL CREEK,II,L.P.,a Delaware limited partnership;1160 LAUREL LANE,LLC,a California 17 limited liability company;PATRICK N.SMITH a/k/a PATRICK SMITH,an individual;SMITH AND 18 COMPANY,A REAL ESTATE INVESTMENT DEVELOPMENT CORPORATION,a California 19 corporation;PATRICK N.SMITH a/k/a/PATRICK SMITH,AS TRUSTEE OF THE PATRICK N.SMITH ) 20 2004 LIVING TRUST;CPIF CALIFORNIA LLC,a California limited liability company;CPIF LAUREL 21 CREEK,LLC,a Washington limited liability company;)ALL WALL SYSTEMS,INC.,a Delaware corporation;) 22 AMERICAN RIVIERA BANK,a California corporation;ARNOLD BUILDERS,INC.,a California ) 23 corporation;B&B CONSTRUCTION CLEANUP,INC.) a California corporation;BLUE STEEL CONCRETE,) 24 LLC,a California limited liability company;COAST ENGINEERING &DESIGN INC.,a California 25 corporation,CONSOLIDATED ELECTRICAL DISTRIBUTORS,INC.,d/b/a CALIFORNIA 26 ELECTRICAL SUPPLY,a Delaware corporation;CULBERT PLUMBING,INC.,F/K/A CULBERT 27 CONSTRUCTION AND PLUMBING,INC.,a California stock corporation;EMPIRE ELECTRICAL ) 28 SOLUTIONS,INC.,a California corporation; 1 10 11 12 13 14 15 ANSWER TO VERIFIED COMPLAINTINAA FAMCON PIPE &SUPPLY,INC.,a California corporation;GW SURFACES,a California corporation;) 2 HOMER T.HAYWARD LUMBER CO.,a California ) corporation;KIRK CONSTRUCTION,a California 3 corporation;LC LENDERS,LLC,a Delaware limited ) liability company;LW CONSTRUCTION,INC.,a 4 California corporation;MAHOGANY CONSTRUCTION,INC.,a California corporation; 5 NOLAN CHURCH DOING BUSINESS AS COLORTRENDS PAINTING &DECORATING,a 6 California sole ownership or proprietor business;THE ) SHERWIN-WILLIAMS COMPANY,an Ohio 7 corporation;UNITED RENTALS (NORTH AMERICA)INC.,a Delaware corporation;US AIR 8 CONDITIONING DISTRIBUTORS,LLC.,a Delaware ) limited liability company;and,DOES 1-50,inclusive, 1 ) ) 9 ) Defendants. Defendant B&B CONSTRUCTION CLEANUP,INC.a California corporation 13 (hereinafter "Defendant"),answers the Complaint of Plaintiff THE PEOPLE OF THE STATE OF 14 CALIFORNIA,EX REL.J.CHRISTINE DIETRICK,CITY ATTORNEY OF THE CITY OF SAN LUIS OBISPO;and THE CITY OF SAN LUIS OBISPO,a California municipal corporation,WELLS 16 FARGO PRACTICE FINANCE ("Plaintiff"),as follows: 1.Defendant does not have information or belief sufficient to admit or deny the 18 allegations,and on that basis denies the allegations of said paragraph. 2.Defendant does not have information or belief sufficient to admit or deny the 20 allegations,and on that basis denies the allegations of said paragraph. 3.Defendant does not have information or belief sufficient to admit or deny the 22 allegations,and on that basis denies the allegations of said paragraph. 4.Defendant admits. 5.Defendant admits. 6.Defendant admits. 7.Defendant admits. 8.Defendant does not have information or belief sufficient to admit or deny the 28 allegations,and on that basis denies the allegations of said paragraph. 2 ANSWER TO VERIFIED COMPLAINTTA.A4 BR ABR 10 11 12 15 17 19 21 23 24 25 26 27 9.Defendant does not have information or belief sufficient to admit or deny the 2 allegations,and on that basis denies the allegations of said paragraph. 10.Defendant admits. 11.Defendant admits. 12.Defendant admits. 13.Defendant admits. 14.Defendant does not have information or belief sufficient to admit or deny the 8 allegations,and on that basis denies the allegations of said paragraph. 15.Defendant admits. 16.Defendant does not have information or belief sufficient to admit or deny the 11 allegations,and on that basis denies the allegations of said paragraph. 17.Defendant does not have information or belief sufficient to admit or deny the 13 allegations,and on that basis denies the allegations of said paragraph. 18.Defendant does not have information or belief sufficient to admit or deny the 15 allegations,and on that basis denies the allegations of said paragraph. 19.Defendant does not have information or belief sufficient to admit or deny the 17 allegations,and on that basis denies the allegations of said paragraph. 20.Defendant does not have information or belief sufficient to admit or deny the 19 allegations,and on that basis denies the allegations of said paragraph. 21.Defendant does not have information or belief sufficient to admit or deny the 21 allegations,and on that basis denies the allegations of said paragraph. 22.Defendant does not have information or belief sufficient to admit or deny the 23 allegations,and on that basis denies the allegations of said paragraph. 23.Defendant does not have information or belief sufficient to admit or deny the 25 allegations,and on that basis denies the allegations of said paragraph. 24.Defendant does not have information or belief sufficient to admit or deny the 27 allegations,and on that basis denies the allegations of said paragraph. 25.Defendant does not have information or belief sufficient to admit or deny the 1 3 4 5 6 7 9 3 ANSWER TO VERIFIED COMPLA NT 10 12 14 16 18 20 22 24 26 28 Maw ADnnd 1 allegations,and on that basis denies the allegations of said paragraph. 26.Defendant does not have information or belief sufficient to admit or deny the 3 allegations,and on that basis denies the allegations of said paragraph. 27.Defendant does not have information or belief sufficient to admit or deny the 5 allegations,and on that basis denies the allegations of said paragraph. 28.Defendant does not have information or belief sufficient to admit or deny the 7 allegations,and on that basis denies the allegations of said paragraph. 29.Defendant does not have information or belief sufficient to admit or deny the 9 allegations,and on that basis denies the allegations of said paragraph. 30.Defendant does not have information or belief sufficient to admit or deny the 11 allegations,and on that basis denies the allegations of said paragraph. 31.Defendant does not have information or belief sufficient to admit or deny the 13 allegations,and on that basis denies the allegations of said paragraph. 32.Defendant does not have information or belief sufficient to admit or deny the 15 allegations,and on that basis denies the allegations of said paragraph. 33.Defendant does not have information or belief sufficient to admit or deny the 17 allegations,and on that basis denies the allegations of said paragraph. 34.Defendant does not have information or belief sufficient to admit or deny the 19 allegations,and on that basis denies the allegations of said paragraph. 35.Defendant does not have information or belief sufficient to admit or deny the 21 allegations,and on that basis denies the allegations of said paragraph. 36.Defendant hereby incorporates its responses to all previous paragraphs as set forth herein. 37.Defendant does not have information or belief sufficient to admit or deny the 25 allegations,and on that basis denies the allegations of said paragraph. 38.Defendant does not have information or belief sufficient to admit or deny the 27 allegations,and on that basis denies the allegations of said paragraph. 39.Defendant does not have information or belief sufficient to admit or deny the 2 4 6 8 4 10 12 14 16 18 20 22 23 24 26 28 ANSWER TO VERIFIED COMPLAINT~IP.AA DAL 1 allegations,and on that basis denies the allegations of said paragraph. 40.Defendant does not have information or belief sufficient to admit or deny the 3 allegations,and on that basis denies the allegations of said paragraph. 41.Defendant does not have information or belief sufficient to admit or deny the 5 allegations,and on that basis denies the allegations of said paragraph. 42.Defendant does not have information or belief sufficient to admit or deny the 7 allegations,and on that basis denies the allegations of said paragraph. 43.Defendant does not have information or belief sufficient to admit or deny the 9 allegations,and on that basis denies the allegations of said paragraph. 44.Defendant does not have information or belief sufficient to admit or deny the 11 allegations,and on that basis denies the allegations of said paragraph. 45.Defendant does not have information or belief sufficient to admit or deny the 13 allegations,and on that basis denies the allegations of said paragraph. 46.Defendant does not have information or belief sufficient to admit or deny the 15 allegations,and on that basis denies the allegations of said paragraph. 47.Defendant does not have information or belief sufficient to admit or deny the 17 allegations,and on that basis denies the allegations of said paragraph. 48.Defendant does not have information or belief sufficient to admit or deny the 19 allegations,and on that basis denies the allegations of said paragraph. 49.Defendant does not have information or belief sufficient to admit or deny the 21 allegations,and on that basis denies the allegations of said paragraph. 50.Defendant does not have information or belief sufficient to admit or deny the 23 allegations,and on that basis denies the allegations of said paragraph. 51.Defendant does not have information or belief sufficient to admit or deny the 25 allegations,and on that basis denies the allegations of said paragraph. 52.Defendant does not have information or belief sufficient to admit or deny the 27 allegations,and on that basis denies the allegations of said paragraph. 53.Defendant does not have information or belief sufficient to admit or deny the 2 4 6 8 5 ANSWER TO VERIFIED COMPLAINT 10 12 14 16 18 20 22 24 26 28 Paw IPs AA 1 allegations,and on that basis denies the allegations of said paragraph. 54.Defendant does not have information or belief sufficient to admit or deny the 3 allegations,and on that basis denies the allegations of said paragraph. 55.Defendant does not have information or belief sufficient to admit or deny the 5 allegations,and on that basis denies the allegations of said paragraph. 56.Defendant does not have information or belief sufficient to admit or deny the 7 allegations,and on that basis denies the allegations of said paragraph. 57.Defendant does not have information or belief sufficient to admit or deny the 9 allegations,and on that basis denies the allegations of said paragraph. 58.Defendant does not have information or belief sufficient to admit or deny the 11 allegations,and on that basis denies the allegations of said paragraph. 59.Defendant does not have information or belief sufficient to admit or deny the 13 allegations,and on that basis denies the allegations of said paragraph. 60.Defendant does not have information or belief sufficient to admit or deny the 15 allegations,and on that basis denies the allegations of said paragraph. 61.Defendant does not have information or belief sufficient to admit or deny the 17 allegations,and on that basis denies the allegations of said paragraph. 62.Defendant does not have information or belief sufficient to admit or deny the 19 allegations,and on that basis denies the allegations of said paragraph. 63.Defendant does not have information or belief sufficient to admit or deny the 21 allegations,and on that basis denies the allegations of said paragraph. 64.Defendant does not have information or belief sufficient to admit or deny the 23 allegations,and on that basis denies the allegations of said paragraph. 65.Defendant does not have information or belief sufficient to admit or deny the 25 allegations,and on that basis denies the allegations of said paragraph. 66.Defendant does not have information or belief sufficient to admit or deny the 27 allegations,and on that basis denies the allegations of said paragraph. 67.Defendant does not have information or belief sufficient to admit or deny the 2 4 6 8 6 ANSWER TO VERIFIED COMPLAINT 10 12 14 16 18 20 22 24 26 28 1 allegations,and on that basis denies the allegations of said paragraph. 68.Defendant hereby incorporates its responses to all previous paragraphs as set forth herein. 69.Defendant does not have information or belief sufficient to admit or deny the 5 allegations,and on that basis denies the allegations of said paragraph. 70.Defendant does not have information or belief sufficient to admit or deny the 7 allegations,and on that basis denies the allegations of said paragraph. 71.Defendant does not have information or belief sufficient to admit or deny the 9 allegations,and on that basis denies the allegations of said paragraph. 72.Defendant does not have information or belief sufficient to admit or deny the 11 allegations,and on that basis denies the allegations of said paragraph. 73.Defendant does not have information or belief sufficient to admit or deny the 13 allegations,and on that basis denies the allegations of said paragraph. 74.Defendant does not have information or belief sufficient to admit or deny the 15 allegations,and on that basis denies the allegations of said paragraph. 75.Defendant does not have information or belief sufficient to admit or deny the 17 allegations,and on that basis denies the allegations of said paragraph. 76.Defendant hereby incorporates its responses to all previous paragraphs as set 19 forth herein. 77.Defendant does not have information or belief sufficient to admit or deny the 21 allegations,and on that basis denies the allegations of said paragraph. 78.Defendant does not have information or belief sufficient to admit or deny the 23 allegations,and on that basis denies the allegations of said paragraph. 79.Defendant does not have information or belief sufficient to admit or deny the 25 allegations,and on that basis denies the allegations of said paragraph. 80.Defendant does not have information or belief sufficient to admit or deny the 27 allegations,and on that basis denies the allegations of said paragraph. 81.Defendant does not have information or belief sufficient to admit or deny the 2 3 4 6 8 7 AA BABARANARADAAA EA FAR AALRNTOONTANNANENE 10 12 14 16 18 20 22 24 26 28 ANSWER TO VERIFIED COMPLAINTMaan 1 allegations,and on that basis denies the allegations of said paragraph. 82.Defendant does not have information or belief sufficient to admit or deny the 3 allegations,and on that basis denies the allegations of said paragraph. 83.Defendant does not have information or belief sufficient to admit or deny the 5 allegations,and on that basis denies the allegations of said paragraph. 84.Defendant does not have information or belief sufficient to admit or deny the 7 allegations,and on that basis denies the allegations of said paragraph. 85.Defendant does not have information or belief sufficient to admit or deny the 9 allegations,and on that basis denies the allegations of said paragraph. 86.Defendant does not have information or belief sufficient to admit or deny the 11 allegations,and on that basis denies the allegations of said paragraph. 87.Defendant does not have information or belief sufficient to admit or deny the 13 allegations,and on that basis denies the allegations of said paragraph. 88.Defendant does not have information or belief sufficient to admit or deny the 15 allegations,and on that basis denies the allegations of said paragraph. 89.Defendant does not have information or belief sufficient to admit or deny the 17 allegations,and on that basis denies the allegations of said paragraph. 90.Defendant does not have information or belief sufficient to admit or deny the 19 allegations,and on that basis denies the allegations of said paragraph. 91.Defendant does not have information or belief sufficient to admit or deny the 21 allegations,and on that basis denies the allegations of said paragraph. 92.Defendant does not have information or belief sufficient to admit or deny the 23 allegations,and on that basis denies the allegations of said paragraph. 93.Defendant does not have information or belief sufficient to admit or deny the 25 allegations,and on that basis denies the allegations of said paragraph. 94.Defendant does not have information or belief sufficient to admit or deny the 27 allegations,and on that basis denies the allegations of said paragraph. 95.Defendant does not have information or belief sufficient to admit or deny the 2 4 6 8 8 10 12 14 16 18 20 22 24 26 28 ANSWER TO VERIFIED COMPLA NT 1 allegations,and on that basis denies the allegations of said paragraph. 96.Defendant does not have information or belief sufficient to admit or deny the 3 allegations,and on that basis denies the allegations of said paragraph. 97.Defendant does not have information or belief sufficient to admit or deny the 5 allegations,and on that basis denies the allegations of said paragraph. 98.Defendant does not have information or belief sufficient to admit or deny the 7 allegations,and on that basis denies the allegations of said paragraph. 99.Defendant does not have information or belief sufficient to admit or deny the 9 allegations,and on that basis denies the allegations of said paragraph. 100.Defendant does not have information or belief sufficient to admit or deny the 11 allegations,and on that basis denies the allegations of said paragraph. 101.Defendant does not have information or belief sufficient to admit or deny the 13 allegations,and on that basis denies the allegations of said paragraph. 102.Defendant does not have information or belief sufficient to admit or deny the 15 allegations,and on that basis denies the allegations of said paragraph. 103.Defendant hereby incorporates its responses to all previous paragraphs as set 17 forth herein. 104.Defendant does not have information or belief sufficient to admit or deny the 19 allegations,and on that basis denies the allegations of said paragraph. 105.Defendant does not have information or belief sufficient to admit or deny the 21 allegations,and on that basis denies the allegations of said paragraph. 106.Defendant does not have information or belief sufficient to admit or deny the 23 allegations,and on that basis denies the allegations of said paragraph. 107.Defendant does not have information or belief sufficient to admit or deny the 25 allegations,and on that basis denies the allegations of said paragraph. 108.Defendant does not have information or belief sufficient to admit or deny the 27 allegations,and on that basis denies the allegations of said paragraph. 109.Defendant does not have information or belief sufficient to admit or deny the 2 4 6 8 9 ANSWER TO VERIFIED COMPLAINT. 10 12 14 16 18 20 22 24 26 28 in.AAEA 1 allegations,and on that basis denies the allegations of said paragraph. 110.Defendant does not have information or belief sufficient to admit or deny the 3 allegations,and on that basis denies the allegations of said paragraph. 111.Defendant does not have information or belief sufficient to admit or deny the 5 allegations,and on that basis denies the allegations of said paragraph. 112.Defendant does not have information or belief sufficient to admit or deny the 7 allegations,and on that basis denies the allegations of said paragraph. 113.Defendant does not have information or belief sufficient to admit or deny the 9 allegations,and on that basis denies the allegations of said paragraph. 114.Defendant does not have information or belief sufficient to admit or deny the 11 allegations,and on that basis denies the allegations of said paragraph. 115.Defendant does not have information or belief sufficient to admit or deny the 13 allegations,and on that basis denies the allegations of said paragraph. 116.Defendant does not have information or belief sufficient to admit or deny the 15 allegations,and on that basis denies the allegations of said paragraph. 117.Defendant hereby incorporates its responses to all previous paragraphs as set 17 forth herein. 118.Defendant does not have information or belief sufficient to admit or deny the 19 allegations,and on that basis denies the allegations of said paragraph. 119.Defendant does not have information or belief sufficient to admit or deny the 21 allegations,and on that basis denies the allegations of said paragraph. 120.Defendant does not have information or belief sufficient to admit or deny the 23 allegations,and on that basis denies the allegations of said paragraph. 121.Defendant does not have information or belief sufficient to admit or deny the 25 allegations,and on that basis denies the allegations of said paragraph. 122.Defendant does not have information or belief sufficient to admit or deny the 27 allegations,and on that basis denies the allegations of said paragraph. 123.Defendant does not have information or belief sufficient to admit or deny the 2 4 6 8 10 ANSWER TO VERIFIED COMPLA NTPianAd 10 12 14 16 18 20 22 24 26 28 TANNA 1 allegations,and on that basis denies the allegations of said paragraph. 124.Defendant does not have information or belief sufficient to admit or deny the 3 allegations,and on that basis denies the allegations of said paragraph. 125.Defendant does not have information or belief sufficient to admit or deny the 5 allegations,and on that basis denies the allegations of said paragraph. 126.Defendant does not have information or belief sufficient to admit or deny the 7 allegations,and on that basis denies the allegations of said paragraph. 127.Defendant does not have information or belief sufficient to admit or deny the 9 allegations,and on that basis denies the allegations of said paragraph. 128.Defendant does not have information or belief sufficient to admit or deny the 11 allegations,and on that basis denies the allegations of said paragraph. 129.Defendant does not have information or belief sufficient to admit or deny the 13 allegations,and on that basis denies the allegations of said paragraph. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE 1.Defendant alleges that Plaintiff's Complaint,and each cause of action therein, 17 fails to state facts sufficient to constitute a cause of action as to this answering Defendant. SECOND AFFIRMATIVE DEFENSE 2 4 6 8 2.Plaintiffs Complaint and all causes of action included therein are barred by the 20 applicable statute of limitations.This affirmative defense is reserved and based upon discovery to be conducted. THIRD AFFIRMATIVE DEFENSE 3.Defendant alleges that the Complaint and each alleged cause of action therein, 24 is barred in whole or in part by the doctrine of laches.This affirmative defense is partly reserved and 25 based upon discovery to be conducted. FOURTH AFFIRMATIVE DEFENSE 4.Plaintiff lacks standing to sue this answering Defendant.This affirmative 28 defense is partly reserved and based upon discovery to be conducted. 11 ANSWER TO VERIFIED COMPLAINT 10 12 14 15 16 18 19 21 22 23 26 27 TANNA WHEREFORE,Defendant prays that Plaintifftake nothing by reason of its Complaint; 2 that Defendant recovers costs of suit incurred,including reasonable attorney's fees and costs,and for 1 such other and further relief as the Court may deem proper. 4 Dated:February 4,2026 3 TWIT CHELL AND RICE,LLP 5 By Vincent T.Martinez Attorney for Defendant B&B ~ CONSTRUCTION CLEANUP,INC. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12 ANSWER TO VERIFIED COMPLA NT VERIFICATION I,Michael F.Brunick,declare: 1.B&B CONSTRUCTION CLEANUP,INC.,for which I serve as President is 4 also a defendant in the above-referenced lawsuit.J have read the foregoing Answer to Verified 5 Complaint and know the contents thereof.The same is true of my own knowledge,except as to those 6 matters which are therein alleged on information and belief,and as to those matters,I believe it to be true. I declare under penalty of perjury under the laws of the State of California that the 1 2 3 7 8 9 foregoing is true and correct. 10 Dated:February 4,2026 11 Michael F.Brunick 13 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ANSWER TO VERIFIED COMPLA NT PROOF OF SERVICE 2 STATE OF CALIFORNIA,COUNTY OF SAN LUIS OBISPO 1 I am employed in the County of Santa Barbara,State of California.I am over the age of 18 and not a party to the within action.My California business address is 215 North Lincoln Street,Santa 4 Maria,California 93458. 3 On February 4,2026,I served the following document described as follows:DEFENDANT B&B CONSTRUCTION CLEANUP,INC.'S ANSWER TO VERIFIED COMPLAINT by serving 5 6 the parties in this action: Matthew R.Silver Msilver@CivicaLaw.com Sean E.Morrissey Smorrissev@CivicaLaw.com CIVICA LAW GROUP,APC 4000 Barranca Parkway,Suite 250,PMB #782 Irvine,CA 92604 7 8 9 ()BY MAIL:By placing ()the original ()a true copy thereof enclosed in a sealed envelope addressed as above in the U.S.Mail.I am "readily familiar"with this firm's practice of collection and processing correspondence for mailing.Under that practice it would be deposited with the U.S.Postal Service on that same day with postage thereon fully prepaid at Santa Maria,California in the ordinary course of business.I am aware that on motion of the party served,service is presumed invalid of postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. )BY PERSONAL SERVICE:I delivered such envelope by hand to the above-named person at )BY FEDERAL EXPRESS:On,the envelope was picked up by Federal Express at 215 North Lincoln Street,Santa Maria,CA,for delivery on the next-business-day basis to the office of the addressee. ()BY FACSIMILE TRANSMISSION:On I caused the above-named document to be transmitted by facsimile transmission,to the office of the addressees at the facsimile number so indicated above.The transmission was reported as complete and without error.A copy of the transmission report properly issued by the transmitting facsimile machine is attached hereto. (X)BY E-MAIL TRANSMISSION:On February 4,2026,I caused the above-named document to be transmitted by e-mail from llimone@twitchellandrice.com to the e-mail addresses so indicated above. I declare under penalty of perjury under the laws of the State of California that the above is true and correct.Executed on February 4,2026,at Santa Maria,California. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 one