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Cirgadyne Inc. DBA Liquor License Specialists v. Russell Bloom - Answer

Cirgadyne Inc. DBA Liquor License Specialists v. Russell Bloom - Answer

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Published by LDuquid
Plaintiff: CIRGADYNE INCORPORATED, dba Liquor License Specialists

Defendants: RUSSELL BLOOM, an individual, dba CA Liquor License Specialists and Nationwide Liquor License Specialists and ABC License Specialists and DOES 1-10

Answer To Complaint By Defendant Russell Bloom, An Individual, DBA CA Liquor License Specialists, Nationwide Liquor License Specialists And ABC License Specialists
Plaintiff: CIRGADYNE INCORPORATED, dba Liquor License Specialists

Defendants: RUSSELL BLOOM, an individual, dba CA Liquor License Specialists and Nationwide Liquor License Specialists and ABC License Specialists and DOES 1-10

Answer To Complaint By Defendant Russell Bloom, An Individual, DBA CA Liquor License Specialists, Nationwide Liquor License Specialists And ABC License Specialists

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I LAWRENCE M. ADELMAN, ESQ. SBN 59058
LAW OFFICES OF LAWRENCE M. ADELMAN
2 5850 Canoga Avenue, Suite, 400
Woodland Hills, CA 91367-6554
3 Phone: 818-992-8005
Fax: 818-710-3844
COMES NOW, defendant RUSSELL BLj' an individual, doing business as CA
Liquor License Specialists, Nationwide Liquor License Specialists and ABC License Specialist
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
LOS ANGELES CENTRAL DISTRICT
Attorney for Defendant Russell Bloom, etc.
John A. OffIcer/Cieri<

AMBEM UlFLEUR-C UlVTON

MAY 282010
Assigned to the Honorable Yvette M.
Palazuelos, Department 28
CASE NO. BC436121
ANSWER TO COMPLAINT BY
DEFENDANT RUSSELL BLOOM, AN
INDIVIDUAL, DBA CA LIQUOR LICENSE
SPECIALISTS, NATIONWIDE LIQUOR
LICENSE SPECIALITS AND ABC LICENSE
SPECIALISTS
Plaintiff,
Defendants.
vs.
RUSSELL BLOOM, an individual, dba CA
Liquor License Specialists and Nationwide
Liquor License Specialists and ABC License
Specialists and DOES 1-10,
CIRGADYNE INCORPORATED, dba Liquor)
License Specialists, )
)
)
)

)
l
)

1----------------
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("Defendant") who for himself and for no other defendants hereby answers and otherwise
GENERAL DENIAL
I.
:r:o " '=' ;0 r
rTl::I:-J>1"l11-
responds to the unverified complaint (the "Complaint") of plaintiff

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INCORPORATED, doing business as Liquor License Specialists .... F;
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Co, :::or:
Pursuant to the provisions of Code of Civil Procedure § 431.30(d) I;tefllndan
'"
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.
. J
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ANSWER TO COMPLAINT BY DEFENDANT RUSSELL BLOOM, ETC.
• •
hereby denies, each and every allegation of the Complaint to the full extent any allegation(s
Complaint and/or said causes of action to disappear and become unavailable to Defendant, thereb
28,
AFFIRMATIVE DEFENSES
First Affirmative Defense - General Demurrer - All Causes of Action. As 2.
the Complaint and/or the causes of action therein contained, which unreasonable delay has cause
witnesses and evidence required by Defendant to successfully defend against the allegations of th
4. Third Affirmative Defense - Laches - All Causes of Action. As a thir
II
doctrine of laches because Plaintiff has waited an unreasonable period of time to file and prosecut
Defendant alleges that each and/or every allegation therein contained is barred by the equitabl
3. Second Affirmative Defense - Statute of Limitations - All Causes of Action. A
affirmative and separate defense to the Complaint and to each cause of action therein containe
contained Defendant alleges that each and/or every allegation therein contained is barred by th
contained Defendant alleges that each and every allegation therein contained fails to state fact
sufficient to constitute a cause of action against Defendant.
a second affirmative and separate defense to the Complaint and to each cause of action therei
applicable statute of limitations.
first affirmative and separate defense to the Complaint and to each cause of action therei
assertion, whatsoever, or at all, concerning or relating to Defendant.
to act, conduct, law violation, claim, cause of action, damage, remedy, fact, event, happening
statement, advertisement, deceit, fraud, defamation, oppression, malice, omission, and/or an
occurrence, transaction, writing, document, representation, misrepresentation, presentation
thereof, conjunctively and/or disjunctively, singularly and/or in the plural, allege(s) any act, failur
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ANSWER TO COMPLAINT BY DEFENDANT RUSSELL BLOOM, ETC.


1 causing prejudice to Defendant in prosecuting a defense.
Seventh Affirmative Defense - Waiver - All Causes of Action. As a sevent
Fifth Affirmative Defense - Failure to Mitigate Damages - All Causes 0
Fourth Affirmative Defense - Estoppel - All Causes of Action. As a fourt
8.
6.
5.
affirmative and separate defense to the Complaint and/or to each cause of action therein containe
Defendant asserts that by virtue of Plaintiffs past actions and behavior with respect to the subjec
7. Sixth Affirmative Defense - Unclean Hands - All Causes of Action. As a sixt
respect thereto from Defendant.
respect to such subject matter and should, therefore, be barred from any and/or all recovery wit
matter of the Complaint and/or said causes of action, Plaintiff is guilty of unclean hands wit
and/or each of the causes of action therein contained, and should, therefore, be barred an
restrained from recovering any and/or all of such otherwise avoidable damages from Defendant.
affirmative and separate defense to the Complaint and/or to each cause of action therein containe
Action. As a fifth affirmative and separate defense to the Complaint and/or to each cause of actio
therein contained Defendant asserts that Plaintiff has failed to take reasonable and available step
to avoid, reduce and/or mitigate Plaintiffs alleged damages and losses as alleged in the Complain
prosecute the same against Defendant.
Defendant asserts that by virtue of Plaintiffs past actions and behavior with respect to the subjec
matter of the Complaint and/or said causes of action, Plaintiff is now estopped to assert and/o
affirmative and separate defense to the Complaint and/or to each cause of action therein containe
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Defendant asserts that Plaintiff has heretofore waived and given up its right to assert the rights
remedies, claims, allegations, damages and expenses therein contained against Defendant.
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2&, .
9. Eighth Affirmative Defense - Lack of Standing - Failure to Suffer Injury i

,
ANSWER TO COMPLAINT BY DEFENDANT RUSSELL BLOOM, ETC.
• •
service mark and trade name law allow Defendant to use the trade names, service marks, domai
2 ~ . ,
Eleventh Affirmative Defense - Defendant's Alleged Acts Not Unlawful- First
Tenth Affirmative Defense - Lack of Standing - Lack of Causation - First
Ninth Affirmative Defense - Lack of Standing - Failure to Lose Money 0
12.
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Second and Third Causes of Action. As an eleventh affirmative and separate defense to the first
causes of action are based are not unlawful because applicable federal and California trademark
second and/or third causes of action of the Complaint Defendant asserts that the alleged actions b
Defendant upon which the claims and causes of action contained in the first, second and/or thir
second and/or third causes of action of the Complaint Defendant asserts that Plaintiff lack
Defendant's alleged actions.
of action because all alleged injuries and damages alleged by Plaintiff are not the result of any 0
standing to assert the claims and causes of action contained in the first, second and/or third cause
and/or third causes of action because Plaintiff has not lost money or property as a result of th
Property - First, Second and Third Causes of Action. As a ninth affirmative and separat
claims and causes of action alleged against Defendant.
Plaintiff lacks standing to assert the claims and causes of action contained in the first, secon
Second and Third Causes of Action. As a tenth affirmative and separate defense to the first
lacks standing to assert the claims and causes of action contained in the first, second and/or thir
defense to the first, second and/or third causes of action of the Complaint Defendant asserts tha
to the first, second and/or third causes of action of the Complaint Defendant asserts that Plaintif
causes of action because Plaintiff has not suffered injury in fact as a result of the claims and cause
of actions alleged against Defendant.
Fact - First, Second and Third Causes of Action. As an eighth affirmative and separate defens 1
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. .)
.c··"
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ANSWER TO COMPLAINT BY DEFENDANT RUSSELL BLOOM, ETC.
• •
Thirteenth Affirmative Defense - Defendant's Alleged Acts Not Deceptive
Twelfth Affirmative Defense - Defendant's Alleged Acts Not Unfair - First
14.
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15. Fourteenth Affirmative Defense - Defendant's Alleged Acts Constitut
mislead as to the truth of the alleged statements and/or acts of Defendant.
Complaint Defendant asserts that the alleged actions by Defendant upon which the claims an
thirteenth affirmative and separate defense to the first, second and/or third causes of action of th
by Plaintiff under federal and/or California trademark, trade name and/or service mark law,
Fraudulent, and/or Likely to Mislead - First, Second and Third Causes of Action. As
unregistered terms descriptive of services and/or of geographic designations and/or generic term
Defendant upon which the claims and causes of action contained in the first, second and/or thir
outweighs any alleged detriment caused thereby.
causes of action contained in the first, second and/or third causes of action are based are no
that are not the subject of trademark, service mark and/or trade name registration and/or protectio
second and/or third causes of action of the Complaint Defendant asserts that the alleged actions b
Plaintiff under either federal or California state law.
deceptive, fraudulent and/or likely to mislead because reasonable persons are unlikely to b
Second and Third Causes of Action. As a twelfth affirmative and separate defense to the first
causes of action are based are not unfair because the utility of Defendant's acts in utilizin
designations, and/or are generic terms which are not subject to protection under applicable law an
names and/or website designations allegedly violated because such trade names, service marks,
are not the subject of trademark, service mark and/or trade name registration and/or protection b
domain names and/or website designations are descriptive of services and/or geographi
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"Puffing" - First, Second and Third Causes of Action. As a fourteenth affirmative and separat
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ANSWER TO COMPLAINT BY DEFENDANT RUSSELL BLOOM, ETC.
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Sixteenth Affirmative Defense - Plaintiff's Request for a Tempora
Fifteenth Affirmative Defense - Registration of Fictitious Business Name(s) a
17.
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trademark, service mark and/or trade name registration are designed to afford a commercia
process and litigation purposes, while the national federal and statewide California laws fo
give public notice of the correct person or entity using a fictitious business name for service 0
requirements for registration of a specific trademark, service mark and/or trade name are firs
for infringement of Plaintiff's alleged trade name on either a national federal and/or statewid
monopoly on the use of a specific trademark, service mark and/or trade name, provided th
business name as a national federal and/or statewide California trademark, service mark and/o
Plaintiff for a trade name at the county level, without concurrently registering the subject fictitiou
satisfied at the national federal and/or statewide California level.
the Complaint Defendant asserts that the alleged filing of a fictitious business name statement b
As a fifteenth affirmative and separate defense to the first, second and/or third causes of action 0
Professions Code Sections 17200 and/or 17500 - First, Second and Third Causes of Action
trade name under applicable federal and/or California law, does not give Plaintiff standing to su
California basis because fictitious business name registration at the county level is designed t
County Level Does Not Give Plaintiff Standing to Sue for Violation of Business an
and quality of Defendant's services.
mislead because reasonable persons are unlikely to be mislead as to the truth of the allege
statements and/or acts of Defendant in that they constitute "puffing" by Defendant as to the natur
second and/or third causes of action are based are not deceptive, fraudulent and/or likely t
defense to the first, second and/or third causes of action of the Complaint Defendant asserts th
alleged actions by Defendant upon which the claims and causes of action contained in the first
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ANSWER TO COMPLAINT BY DEFENDANT RUSSELL BLOOM, ETC.
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Restraining Order, Preliminary Injunction and/or Permanent Injunction Violate th
Seventeenth Affirmative Defense - Plaintiff's Request for a Tempora 18.
of action of the Complaint Defendant alleges the scope of the temporary restraining order
first, second and/or third causes of action of the Complaint violate the Supremacy Clause of th
Action. As a seventeenth affirmative and separate defense to the first, second and/or third cause
Restraining Order, Preliminary Injunction and/or Permanent Injunction
United States Constitution.
United States Constitution in that they constitute a request that a court of the State of Californi
preliminary injunction and/or permanent injunction requested by Plaintiff in connection with th
issue an order in violation of federal trademark law and the regulations of the Patent an
commercial monopoly to any person or entity based on a trademark, service mark and/or trad
Trademark Office of the United States which prohibit a federal or state court from affording
states, an effect that is reserved to the federal government under the foregoing provision of th
Supremacy Clause of the United States Constitution - First, Second and Third Causes 0
because the order would limit Defendant's activities outside of California and among the severa
California issue an order affecting, controlling, regulating and burdening interstate commerc
the United States Constitution in that they constitute a request that a court of the State 0
preliminary injunction and/or permanent injunction requested by Plaintiff in connection with th
first, second and/or third causes of action of the Complaint violate the Commerce Clause found i
action of the Complaint Defendant alleges the scope of the temporary restraining order,
Action. As a sixteenth affirmative and separate defense to the first, second and/or third causes 0
Commerce Clause of the United States Constitution - First, Second and Third Causes 0
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name that is descriptive of services and/or of a geographic designation, and/or is otherwis
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ANSWER TO COMPLAINT BY DEFENDANT RUSSELL BLOOM, ETC.
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I comprised of generic words or phrases.
Nineteenth Affirmative Defense - Plaintiff's Request for a Tempora
Eighteenth Affirmative Defense - Plaintiff's Request for a Tempora
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Restraining Order, Preliminary Injunction and/or Permanent Injunction Should Be Denie
Action. As a nineteenth affinnative and separate defense to the first, second and/or third causes 0
because Plaintiff's Alleged Injuries are Not Irreparable - First, Second and Third Causes 0
action of the Complaint Defendant alleges the remedy of a temporary restraining order
basis, and which trademark and service mark law incorporates the federal laws and regulation
and/or is otherwise comprised of generic words or phrases.
service mark and/or trade name that is descriptive of services and/or of a geographic designation
injunction and/or pennanent injunction requested by Plaintiff in connection with the first, secon
thereby violate and invade the scope and intent of California's trademark and service mark law t
concerning the non-registration and/or enforcement in the State of California of a trademark
and/or third causes of action of the Complaint are not available to Plaintiff because they are base
on Plaintiffs alleged filing of a fictitious business name statement on the county level and woul
As an eighteenth affinnative and separate defense to the first second and/or third causes of actio
and Trade Name Registration and Enforcement - First, Second and Third Causes of Action
occupy the entire field of trademark, service mark and/or trade name regulation on a statewid
Trademark and Service Mark Law to Occupy the Entire Field of Trademark, Service Mar
Registration of a Fictitious Business Name Violate the Intent of the State of Californi
Restraining Order, Preliminary Injunction and/or Permanent Injunction based on Coun
of the Complaint Defendant alleges the remedy of a temporary restraining order, preliminar
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preliminary injunction and/or pennanent injunction requested by Plaintiff in connection with th
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!-.....
ANSWER TO COMPLAINT BY DEFENDANT RUSSELL BLOOM, ETC.
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Twenty-First Affirmative Defense - Compensatory Damages Not Recoverabl
Twentieth Affirmative Defense - Justification or Privilege - First, Second an
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services and/or of geographic designations and/or generic terms not creating ownership rights tha
Plaintiff bases its first, second and/or third causes of action against Defendant are descriptive 0
trademarks, service marks, trade names, domain names and/or website designations upon whic
subject matter of the first, second and/or third causes of action of the Complaint because th
privileged in taking all of the actions alleged to have been taken by Defendant with respect to th
are legally and/or equitably cognizable and enforceable against Defendant under the laws of th
nature.
- First, Second and Third Causes of Action. As a twenty-first affirmative and separate defens
reasonable person.
United States or the State of California, and/or do not involve activities likely to mislead
unregistered trademarks, service marks and/or trade names that are descriptive and/or generic i
Third Causes of Action. As a twentieth affirmative and separate defense to the first, secon
and/or third causes of action of the Complaint Defendant alleges Defendant was justified and/o
alleged trademark, service mark, trade name, domain name and/or website designation constitut
preliminary injunction and/or permanent injunction requested by Plaintiff because Plaintiff'
irreparable injury on Plaintiff because Plaintiff has no legal and/or equitable claim or right t
prevent Defendant from utilizing the trademark, service mark, trade name, domain name and/o
website designation that would be the subject of the requested temporary restraining order
first, second and third causes of action under the Complaint are not available to Plaintiff becaus
the alleged acts by Defendant have not and will not inflict legally and/or equitably cognizabl
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to the first, second and/or third causes of action of the Complaint Defendant alleges Plaintiff is no
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ANSWER TO COMPLAINT BY DEFENDANT RUSSELL BLOOM, ETC.
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Third Causes of action. As a twenty-third affirmative and separate defense to the first, secon
similarity between Plaintiffs alleged trade name and Defendant's alleged trade names.
25. Twenty-Fourth Affirmative Defense - No Substantial Copying andlo
Twenty-Third Affirmative Defense - No Substantial Similarity betwee
Twenty-Second Affirmative Defense - Plaintiff's Request for a Tempora
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Plaintiff's Alleged Trade Name and Defendant's Alleged Trade Names - First, Second an
and/or third causes of action of the Complaint Defendant alleges that there is no substantia
Plaintiff seeks compensatory damages resulting from the alleged acts by Defendant specified i
first, second and third causes of action under the Complaint are not available to Plaintiff becaus
Verbatim Copying of Plaintiff's Website by Defendant in Defendant's Website - First
complete and adequate remedy at law.
the first, second and third causes of action and compensatory damages will afford Plaintiff with
Restraining Order, Preliminary Injunction and/or Permanent Injunction Should Be Denie
preliminary injunction and/or permanent injunction requested by Plaintiff in connection with th
As a twenty-second affirmative and separate defense to the first, second and/or third causes 0
because Plaintiff has Adequate Remedy at Law - First, Second and Third Causes of Action.
action of the Complaint Defendant alleges the remedy of a temporary restraining order,
ofregistered trademarks, service marks and/or trade names.
service mark and/or trade name and compensatory damages are only recoverable for the violatio
such recovery outright and/or because Plaintiff is seeking to enforce an unregistered trademark
cognizable or permitted under the laws of the State of California either because the law prohibit
causes of action of the Complaint because such relief or remedy is not legally and/or equitabl
entitled to recover compensatory damages from Defendant under the first, second and/or thir I
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()
ANSWER TO COMPLAINT BY DEFENDANT RUSSELL BLOOM, ETC.
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Design and/or Overall Feel between Defendant's Website and Plaintiff's Website - First
Superior Court of California because they are claims and causes of action involving issues 0
Twenty-Seventh Affirmative Defense - Plaintiff's Claims Concerning
Twenty-Sixth Affirmative Defense - Plaintiff's Claims Concerning Its Websit
Twenty-Fifth Affirmative Defense - No Substantial Similarity and/or Identica
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District Court because the Copyright in Plaintiff's Website is Not Registered with th
copyright protection and/or of rights equivalent to copyright that are preempted by the federa
Copyright Act and are the exclusive jurisdiction of the United States District Court.
causes of action concerning Plaintiffs website and Defendant's website cannot be heard in th
Website Cannot be Enforced in the Superior Court of California or in the United State
Copyright Issues and/or Rights Equivalent to Copyright that are Preempted by the Federa
Cannot be Heard in the Superior Court of California because Such Claims Involv
Copyright Act and are the Exclusive Jurisdiction of the United States District Court - First
Second and Third Causes of Action. As a twenty-sixth affirmative and separate defense to th
Plaintiffs website.
causes of action asserted by Plaintiff against Defendant in Plaintiffs first, second and/or thir
first, second and/or third causes of action of the Complaint Defendant alleges the claims an
first, second and/or third causes of action of the Complaint Defendant alleges there is n
substantial similarity and/or identical design and/or overall feel between Defendant's website an
Second and Third Causes of Action. As a twenty-fifth affirmative and separate defense to th
substantial and/or verbatim copying by Defendant of Plaintiffs website in Defendant's website.
first, second and/or third causes of action of the Complaint Defendant alleges that there is n
Second and Third Causes of Action. As a twenty-fourth affirmative and separate defense to th 1
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ANSWER TO COMPLAINT BY DEFENDANT RUSSELL BLOOM, ETC.
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Twenty-Eighth Affirmative Defense - Plaintifrs Claims Concerning It 29.
Defendant alleges that Plaintiffs website related claims involving Defendant's website involv
affirmative and separate defense to the first, second and/or third causes of action of the Complain
Federal Copyright Act - First, Second and Third Causes of Action. As a twenty-eight
Copyright of Enforcement of Titles or Names Not Subject to Copyright Protection under th
District Court because They Involve Copyright Issues and/or Rights Equivalent t
Website cannot Be Enforced in the Superior Court of California or in the United State
and/or of rights equivalent to copyright involve the enforcement of titles or names that are no
subject to copyright protection under the federal Copyright Act.
California or in the United Stated District Court because the alleged issues of copyright protectio
federal Copyright Act and that cannot be enforced against Defendant in the Superior Court 0
infringer in court.
issues of copyright protection and/or of rights equivalent to copyright that are preempted by th
Defendant asserts that Plaintiffs website related claims involving Defendant's website involv
website is not currently registered at the Copyright Office of the Library of Congress whic
registration is a condition precedent to the enforcement of a copyright claim against an allege
California or in the United States District Court because the alleged copyright in Plaintiff
copyright issues that cannot be enforced against Defendant in either the Superior Court 0
affirmative and separate defense to the first, second and/or third causes of action of the Complain
Copyright Claim related Issues in either the Superior Court of California or in the Unite
States District Court - First, Second and Third Causes of Action. As a twenty-sevent
Copyright Office of the Library of Commerce, thereby Preventing Plaintiff from Assertin 1
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30. Twenty-Ninth Affirmative Defense - Truth - Fourth Cause of Action. As
ANSWER TO COMPLAINT BY DEFENDANT RUSSELL BLOOM, ETC.
• •
Defendant because Defendant is not guilty of malice, oppression or fraud under Civil Cod
Defendant alleges none of the statements alleged in the fourth cause of action to have been mad
Defendant alleges Defendant was privileged in making the statements alleged in the fourth caus
Thirty-Second Affirmative Defense - Punitive and Exemplary Damages No
Thirty-First Affirmative Defense - Privilege - Fourth Cause of Action. As
Thirtieth Affirmative Defense - Lack of Publication - Fourth Cause of Action.
33.
32.
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Recoverable due to Lack of Malice, Oppression or Fraud - Fourth Cause of Action. As
III
thirty-second affirmative and separate defense to the fourth cause of action of the Complain
Defendant asserts that Plaintiff is precluded from recovering punitive or exemplary damages fro
licenses, a business in which Defendant and Plaintiff participated and were made to persons wh
Section 3294.
PRAYER FOR RELIEF
thirty-first affirmative and separate defense to the fourth cause of action of the Complain
were interested in selling and/or acquiring an alcoholic beverage license.
by Defendant concerning Plaintiff were published to a legally cognizable or significant person 0
faith, without malice, and involved the business of acting as a finder for alcoholic beverag
of action to have been made by Defendant concerning Plaintiff because they were made in goo
As a thirtieth affirmative and separate defense to the fourth cause of action of the Complain
Defendant concerning Plaintiff are truthful.
entity.
Defendant alleges the statements alleged in the fourth cause of action to have been made b
twenty-ninth affirmative and separate defense to the fourth cause of action of the Complain 1
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ANSWER TO COMPLAINT BY DEFENDANT RUSSELL BLOOM, ETC.
• •
follows:
C. That Defendant be awarded Defendant's costs of suit herein incurred.
1033.5.
way of any cause of action therein contained.
That Defendant be awarded such other and further relief as the court deems just an
That Defendant be awarded reasonable attorney's fees by virtue of applicabl
A. That Plaintiff take nothing against Defendant by way of the Complaint and/or b
WHEREFORE, Defendant prays judgment against Plaintiff under the Complaint a
B.
D.
statutory provisions, including, but not limited to Code of Civil Procedure § 1032, § 1033 and/o
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12 proper.
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La ence . de man, Attorney for endant Russell
Boom, individually and doing business as CA Liquor
License Specialists, Nationwide Liquor License Specialists
and ABC License Specialists
• J
ANSWER TO COMPLAINT BY DEFENDANT RUSSELL BLOOM, ETC.
• •
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PROOF OF SERVICE BY MAIL (CCP §§ 1013 (a), 2015.5)
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES)
I am a citizen of the United States and a resident of Los Angeles County, California. I a
over the age of eighteen years and I am not a party to this action. My business address is 585
Canoga Avenue, Suite 400, Woodland Hills, California 91367-6554.
On May 2010, I served the within document(s) entitled ANWER TO COMPLAIN
BY DEFENDANT RUSSELL BLOOM, ETC., CASE NO. BC436121, on the interested parties i
this action, by placing a true copy thereof enclosed in a sealed envelope, with postage thereon full
prepaid, addressed as follows:
Rick A. Blake, Esq.
Law Offices of Rick A. Blake
2107 North Broadway, Suite 106
Santa Ana, CA 92706
I am readily familiar with the practice of this office for collecting and processm
correspondence for mailing. Under that practice, the above-described document(s) would b
deposited with the U.S. Postal Service on the same day as the document(s) were enclosed in thei
envelope(s). I am aware that on motion of the party served, service is presumed invalid if the posta
collection date or postage meter date is more than one day after the date of mailing set forth in thi
declaration.
I declare under penalty of perjury under the laws of the State of California that the foregoin
is true and correct.
Executed on of May, 2010, at WO')'\J"'1Ji"I
28 ,
, .
PROOF OF SERVICE BY MAIL

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