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1 2 3 4 Attorney for Defendants, THE DOLCE GROUP LLC., GEISHA HOUSE LLC.

, 5 GEISHA SANTA ANA LCC, and TODD LONNIE 6 MOORE 7 8 9 10 11 12 13 14 CASE NO: 11C01666 ANSWER TO COMPLAINT TRUE WORLD FOODS LOS 15 ANGELES LLC., a California Limited Liability Company, 16 Plaintiff, 17 vs. 18 THE DOLCE GROUP, LLC., a 19 California Limited Liability Company dba GEISHA SANTA ANA; GEISHA 20 HOUSE, LLC., a California Limited Liability Company dba GEISHA 21 SANTA ANA; TODD LONNIE MOORE aka LONNIE MOORE, an 22 individual; and DOES 1 through 100, inclusive, 23 Defendants. 24 25 26 Defendants THE DOLCE GROUP, LLC., a California Limited Liability Company, SUPERIOR COURT OF THE STATE OF CALIFORNIA SOUTHEST DISTRICT-LIMITED JURISDICTION FOR THE COUNTY OF LOS ANGELES

27 GEISHA HOUSE SANTA ANA LLC., a California Limited Liability Company, TODD LONNIE 28
ANSWER TO COMPLAINT

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MOORE aka LONNIE MOORE, an individual (hereinafter Defendants) hereby answers the Complaint for Money (hereinafter The Complaint) of TRUE FOODS LOS ANGELES LLC., a California Limited Liability Company (hereinafter Plaintiff), as follows: Pursuant to Code of Civil Procedure 431.30(d), these answering Defendants denies generally and specifically each and every allegation contained in The Complaint. These answering Defendants further deny that Plaintiff has or will sustain damages, injuries or losses by reason of any act, omission, fault or negligence on the part of these answering Defendants, their agents, servants or employees, or any of them, or for which this answering Defendants is responsible, or at all.

FIRST AFFIRMATIVE DEFENSE 1. action. SECOND AFFIRMATIVE DEFENSE 2. of action. THIRD AFFIRMATIVE DEFENSE 3. of action. FOURTH AFFIRMATIVE DEFENSE 4. of action. FIFTH AFFIRMATIVE DEFENSE 5. action. SIXTH AFFIRMATIVE DEFENSE 6. That each of the alleged causes of action stated in the Plaintiffs Complaint is Plaintiffs Fifth Cause of Action fails to state sufficient facts to constitute a cause of Plaintiffs Fourth Cause of Action fails to state sufficient facts to constitute a cause Plaintiffs Third Cause of Action fails to state sufficient facts to constitute a cause Plaintiffs Second Cause of Action fails to state sufficient facts to constitute a cause Plaintiffs First Cause of Action fails to state facts sufficient to constitute a cause of

barred by the applicable Statutes of Limitation, including, but not limited to, Code of Civil 2
ANSWER TO COMPLAINT

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Procedure sections 337, 338, 339, 340, 343 and 344. SEVENTH AFFIRMATIVE DEFENSE 7. The Complaint, and each alleged cause of action contained therein that purports to

state a claim against these answering Defendants, is barred by the Doctrine of Unclean Hands by reason of Plaintiffs conduct and actions. EIGHTH AFFIRMATIVE DEFENSE 8. Plaintiff has waived its right to any recovery or relief by reason of its conduct and

actions to assert the claims herein. NINTH AFFIRMATIVE DEFENSE 9. Plaintiff is estopped by reason of its conduct and actions, from asserting each and

any of its claims herein. TENTH AFFIRMATIVE DEFENSE 10. Plaintiffs action is barred because of undue delay in bringing the action that has

caused prejudice to Defendants (laches). ELEVENTH AFFIRMATIVE DEFENSE 11. Plaintiff has failed to mitigate its damages. TWELFTH AFFIRMATIVE DEFENSE 12. That all times mentioned in The Complaint, Defendants actions were justified by a

business necessity. THIRTEENTH AFFIRMATIVE DEFENSE 13. Defendants were reasonably justified in its action with respect to Plaintiff due to

legitimate independent reasons unrelated to those complained of by Plaintiff. FOURTEENTH AFFIRMATIVE DEFENSE 14. Defendants are entitled to a reduction and/or set-off in a sum presently unknown

based upon the conduct of Plaintiff. FIFTHTEENTH AFFIRMATIVE DEFENSE 15. To the extent that Plaintiff has suffered damages, such damages were caused by 3
ANSWER TO COMPLAINT

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persons or entities for whose conduct these answering Defendants are not responsible. SIXTEENTH AFFIRMATIVE DEFENSE 16. Plaintiff failed to exercise reasonable or ordinary care such that the damages

alleged by The Complaint were proximately caused or contributed to by Plaintiffs own negligence. SEVENTEENTH AFFIRMATIVE DEFENSE 17. At all times mentioned in The Complaint, and by virtue of the parties' relationship,

Defendants owed no legal duty to protect Plaintiff from the particular risk of harm that allegedly caused the damages alleged in The Complaint. Plaintiff assumed the risk of all such alleged damages. EIGHTEENTH AFFIRMATIVE DEFENSE 18. Plaintiff is barred from any recovery or relief under The Complaint by virtue of its

action and inactions, including Plaintiffs own fraudulent and/or intentional conduct. NINETEENTH AFFIRMATIVE DEFENSE 19. Plaintiff is barred from any recovery or relief under The Complaint since these

answering Defendants were not the actual or proximate cause of any of the damages, if any, alleged in The Complaint. TWENTIETH AFFIRMATIVE DEFENSE 20. Plaintiff failed to perform on the accounts, contracts or agreements, if any. TWENTY-FIRST AFFIRMATIVE DEFENSE 21. If these answering Defendants breached an agreement, either as alleged in The

Complaint, or at all, which they deny, the breach is excused by Plaintiffs failure to perform conditions precedent. TWENTY-SECOND AFFIRMATIVE DEFENSE 22. Plaintiff is barred from any recovery or relief under The Complaint because

Plaintiff authorized and/or ratified the acts and conduct alleged in The Complaint. TWENTY-THIRD AFFIRMATIVE DEFENSE 23. Plaintiff consented to and approved all the acts and omissions about which Plaintiff 4
ANSWER TO COMPLAINT

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now complains. Accordingly, Plaintiff is barred from pursuing this action. TWENTY-FOURTH AFFIRMATIVE DEFENSE 24. All actions of these answering Defendants are privileged. TWENTY-FIFTH AFFIRMATIVE DEFENSE 25. consideration. TWENTY-SIXTH AFFIRMATIVE DEFENSE 26. Plaintiff is barred from any recovery or relief under The Complaint as a result of an Plaintiff is barred from any recovery or relief under The Complaint due to lack of

accord and satisfaction of the agreement, if any such agreement exists. TWENTY-SEVENTH AFFIRMATIVE DEFENSE 27. defenses at trial. These answering Defendants reserve the right to raise any additional affirmative

WHEREFORE, these answering Defendants pray as follows: 1. That judgment be entered in favor of Defendants and against Plaintiff, and that

Plaintiff takes nothing by way of its Complaint; 2. 3. 4. That Plaintiffs Complaint be dismissed in its entirety with prejudice; That Defendants be awarded attorneys fees and costs of suit incurred herein; and For such other and further relief as the Court may deem just and proper.

DATED: October , 2011 By:______________________ Attorney for Defendants

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ANSWER TO COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Date: October , 2011

PROOF OF SERVICE I, _____________________________, declare as follows: At the time of service I was over 18 years of age and not a party to this action. I am employed in the County of Los Angeles, State of California. My business address is ___________________________________________. On October , 2011, I served the document(s) described as: ANSWER TO COMPLAINT on all interested parties in this action: Jon O. Blanda, Esq Collection at Law, Inc. 3835 East Thousand Oaks Blvd. Suite R349 Westlake Village, CA 91362 I enclosed true copies of the documents(s) in a sealed envelope or package addressed to the person(s) address(es) as above and: By United States Mail. [ X ] placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this businesss practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after date of deposit for mailing affidavit. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

__________________________

_______________________________ Signature of Declarant

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ANSWER TO COMPLAINT

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