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1 XAVIER BECERRA

Attorney General of California FiLED
2 CHRIS A. KNUDSEN Superior Court Df Califonliia,
Senior Assistant Attorney General
3 Sdcfdmento
State Bar No. 155897
PETER D . HALLORAN 01/30/20^7
4 Supervising Deputy Attomey General
State Bar No. 184025
5 1300 I Street, Suite 125 Bji , Deputy
P.O. Box 944255 Casu Number:
6 Sacramento, CA 94244-2550 34^201 e°002D5ei$
Telephone: (916)327-4852
7 Fax: (916)324-5567
E-mail: Peter.Halloran@doj .ca.gov
8 Attorneys for Defendant
Statje of California, Department of Justice
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10 SUPERIOR COURT OF THE STATE OF CALIFORNIA

11 COUNTY OF SACRAMENTO

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14 DANIELLE HARTLEY, Case No. 34-2016-00205613
15 Plaintiff, DEFENDANT CALIFORNIA
DEPARTMENT OF JUSTICE'S
16 V. ANSWER TO COMPLAINT
17
STATE OF CALIFORNIA, Action Filed: December 30,2016
18 DEPARTMENT OF JUSTICE; and
DOES 1 through 50,
19
Defendant,
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22 Defendant, the California Department of Justice (the "Department" or "Defendant") hereby
23 answers the Complaint for Unlawful Employment Retaliation, Discrimination, and Damages (the
24 "Complaint") filed by plaintiff Danielle Hartley ("Plaintiff) as follows: .
25 GENERAL DENIAL
26 Pursuant to section 431.30 of the Califomia Code of Civil Procedure, Defendant denies
27 generally and specifically each and every allegation contained in the Complaint. Defendant
CD 28 further denies generally and specifically that plaintiff has been damaged in any sum, or at all, by
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O Defendant DOJ's Answer to Complaint (34-2016-00205613)
......r-f"'
1 reason of any act or omission on the part of Defendant or its agents, representatives, and/or

2 employees.

3 ADDITIONAL DEFENSES
4 Defendant asserts the following separate additional defenses to the Complaint. Defendant

5 cannot fully anticipate all defenses that may be applicable to the action. Accordingly, Defendant

6 reserves the right to amend this Answer to assert additional defenses, to the extent that such
7 defenses are applicable and appropriate, after further discovery is conducted.

8 FIRST DEFENSE
9 1. Defendant's disability claims are barred in whole or in part because the
10 accommodations requested by plaintiff would impose an undue hardship on defendant.

11 SECOND DEFENSE
12 2. The Complaint, and each cause or action therein, is barred in whole or in part, by the
-13 applicable statute of limitations, including but not limited to California Government Code
14 sections 12960 and 12965.

15 TfflRD DEFENSE
16 3. The Complaint, and each cause of action therein, is barred in whole or in part,

17 because plaintiff failed to timely exhaust her administrative and/or judicial remedies including but

18 not limited to all remedies provided by Government Code sections 12960 and 900 et seq.

19 FOURTH DEFENSE
20 4. The Complaint, and each cause of action therein, is barred in whole or in part by

21 virtue of Plaintiff s imclean hands in cormection with the events described in the Complaint.

22 FIFTH DEFENSE
23 5. To the extent that Plaintiff has committed wrongdoing that is discovered after the

24 filing of this action, Plaintiffs recovery is either barred or reduced thereby pursuant to the after-

25 acquired evidence doctrine.

26 SIXTH DEFENSE
27 6. The Complaint is barred, in whole or in part, by virtue of the doctrine of avoidable

28 consequences.

Defendant DOJ's Answer to Complaint (34-2016-00205613)
1 SEVENTH DEFENSE
2 7. The Complaint is barred, in whole or in part, because Plaintiff, with the exercise of

3 reasonable diligence and effort, would have and could have completely avoided or mitigated the

4 damages alleged in the Complaint, if indeed there are any. The resultant damages, if any,

5 complained of were directly and proximately caused by the failure, neglect, and refusal of

6 Plaintiff to exercise reasonable diligence and effort to mitigate the damages alleged. If Plaintiff is
7 entitled to any recovery, such recovery must be reduced by the amount attributable to Plaintiffs
8 failure to mitigate damages and avoid the consequences of the alleged harm.

9 EIGHTH DEFENSE
10 8. If Plaintiff is entitled to any recovery, such recovery must be reduced by the amount
11 Plaintiff received from any collateral or alternative sources, and Defendant shall be entitled to a
'12 set-off in the amounts of any prior, pending or ongoing recoveries for the same injuries or
-13 damages alleged in this action, and is entitled to reimbursement pursuant to Government Code
14 section 985.

15 NINTH DEFENSE
16 9. Defendant is unmune from liability pursuant to sections 815 et seq. of the
17 Govemment Code, including, but not limited to, sections 815,815.2, 815.6, 818, 818.2, 818.8,
18 820.2, 820.4, 820.8, and 822.2. In addition. Defendant has complete immunity and/or qualified

19 immunity because its agents, representatives, and employees were acting within the scope of their

20 official capacities and/or discretionary duties.

21 TENTH DEFENSE
22 10. Plaintiffs disability claims are barred, in whole or in part, because plaintiff could not

23 perform the essential functions of her job with or without a reasonable accommodation.

24 ELEVENTH DEFENSE
25 11. Plaintiffs disability claims are barred, in whole or in part, because the decisions

26 about which plaintiff complains were motivated by a bona fide occupational qualification.
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Defendant DOJ's Answer to Complaint (34-2016-00205613)
1 TWELFTH DEFENSE
2, 12. The Complaint is barred, in whole or in part, by virtue of the equitable doctrine of
3 estoppel.

4 THIRTEENTH DEFENSE
5 13. The Complaint is barred, in whole or in part, by virtue of the equitable doctrine of
6 laches.

7 FOURTEENTH DEFENSE
8 14. The Complaint is barred, in whole or in part, as Plaintiff has waived her right to bring
9 one or more of the claims set forth therein.

10 FIFTEENTH DEFENSE
11 15. The Complaint is barred, in whole or in part, as the issues or claims raised in the

"12 Cornplaint are barred by collateral estoppel or res judicata.

13 SIXTEENTH DEFENSE
14 16. The Complaint is barred, in whole or in part, because Defendant's actions about
15 which Plaintiff complains were legally justified and privileged pursuant to Civil Code section
16 47(c) or other applicable provision of law.

17 SEVENTEENTH DEFENSE
18 17. Plaintiffs claims are barred, in whole or in part, because at all relevant times to the

19 Complaint, Defendant took reasonable steps to prevent and correct workplace harassment, by,

20 among other things, instituting procedures for workplace harassment and training Plaintiff on

21 those procedures. Despite Plaintiffs knowledge and awareness ofthe procedures, Plaintiff

22 unreasonably failed to utilize the procedures during the period of time, and after, the alleged

23 harassment or discrimination was occurring. Had Plaintiff taken reasonable effort to utilize these

24 procedures Plaintiffs alleged harm, injury or damages would have been avoided, in whole or in

25 part. Plaintiff is not entitled to any recovery which could have been avoided through Plaintiffs

26 reasonable utilization of these procedures.

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Defendant DOJ's Answer to Complaint (34-2016-00205613)
1 EIGHTEENTH DEFENSE

2 18. Plaintiffs claims for Failure to Prevent Discrimination, Harassment and Retaliation is

3 barred because no private right of action for failure to prevent exists under the law.

4 NINETEENTH DEFENSE
5 19. Defendant is presently unaware of facts which may justify additional defenses and the

6 Defendant reserves the right to amend this Answer to assert such additional defenses after the

7 discovery of facts justifying the additional defenses.

8 TWENTIETH DEFENSE

9 20. Plaintiffs claims are barred, in whole or in part, because the Department had

10 legitimate business reasons for the actions about which Plaintiff complains.

11 TWENTY-FIRST DEFENSE

12 21. The Department reserves the right to amend this answer to assert inadvertently

13 omitted defenses or defenses supported by newly discovered facts or law during the litigation.

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15 Dated: January , 2017 Respectfully Submitted,
16 XAVIER BECERRA
Attorney General of California
17 CHRIS A. KNUDSEN
Senior Assistant Attorney General
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21 PETER D . HALLORAN
Supervising Deputy Attorney General
22 Attorneys for Defendant
State of California, Department of Justice
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SA2017105076
24 12566053.doc

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Defendant DOJ's Answer to Complaint (34-2016-00205613)
DECLARATION OF SERVICE BY U.S. MAIL

Case Name: Danielle Hartley v. State of California, Department of Justice
No.: 34-2016-00205613

I declare:

I am employed in the Office of the Attomey General, which is the office of a member of the
Califomia State Bar, at which member's direction this service is made. I am 18 years of age or
older and not a party to this matter. I am farniliar with the business practice at the Office of the
Attomey General for collection and processing of correspondence for mailing with the United
States Postal Service. In accordance with that practice, correspondence placed in the intemal
mail collection system at the Office of the Attomey General is deposited with the United States
Postal Service with postage, thereon fully prepaid that same day in the ordinary coiu-se of
business.

On January 30. 2017.1 served the attached DEFENDANT CALIFORNIA DEPARTMENT OF
JUSTICE'S ANSWER TO COMPLAINT hy placing a tme copy thereof enclosed in a sealed
• envelope in the intemal mail collection system at the Office of the Attomey General at
1300 I Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550, addressed as follows:

JillP. Telfer
Law Offices of Jill P. Telfer
331 J Street, Suite 200
Sacramento, CA 95814
Attorney for Plaintiff

I declare tmder penalty of perjury under the laws of the State ofCalifomia the foregoing is tme
and correct and that this declaration was executed on January 30, 2017, at Sacramento,
Califomia.

Marianne Baschiera
Declarant Signature
SA2017105076
12572007.doe
CIVIL DROP BOX

2CnjAH30 PM3: |6
GOSSC COURTHOUSE
• SUPERIOR GOURT
OF C/i^LIFOftNlA
SACRAMEt'fTO COUNTY