1 Lewis Pedigo Sr ESA, Lewis Pedigo, dba 24/7

Concrete Pumping a Sole Proprietorship

2 3222 Oak Knoll Drive
Rossmoor, CA 90720
3 714-715-4373
lewispedigo@icloud.com
4
SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF ORANGE,
5 SANTA ANA DISTRICT, CENTRAL JUSTIC CENTER

6 ASSOCIATED READY MIXED CONCRETE Case No.: 30-2020-01138082

INC.
7 Plaintiff,
VS.
8 ANSWER TO COMPLAINT OF
DEFENDANT LEWIS PEDIGO SR,
LEWIS PEDIGO SR, ESA Lewis Pedigo,
ESA, Lewis Pedigo, dba 24/7
9 dba 24/7 Concrete Pumping a Sole Proprietorship
Concrete Pumping a Sole Proprietorship
10 Defendant

11
COMES NOW DEFENDANT, LEWIS PEDIGO SR, Individually, and responds to Plaintiffs
12
Complaint as follows:
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Plaintiff's complaint being unverified, Defendant, LEWIS PEDIGO SR, ESA Lewis Pedigo
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dba 24/7 Concrete Pumping a Sole Proprietorship pursuant to California Code of Civil
15
Procedure, Section 431.30(d), generally denies each and every allegation and each and every paragraph and cause
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of action in the complaint, and the whole thereof, and deny that Plaintiff has suffered damages as described in
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Plaintiffs Complaint. III
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AFFIRMATIVE DEFENSES
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FIRST AFFIRMATIVE DEFENSE
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Plaintiff’s complaint, and each and every cause of action therein, fails to state facts sufficient to constitute any
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causes of action against these answering defendants.
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SECOND AFFIRMATIVE DEFENSE
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Plaintiff’s complaint, and each and every cause of action therein, is barred by the applicable statues of limitations,
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including but not limited to Code of Civil Procedure
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THRID AFFIRMATIVE DEFENSE
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Defendant's conduct was not the cause in fact nor the proximate cause of any DEFAULT, loss, or damage alleged
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by Plaintiff.
28 ANSWER TO COMPLAINT OF DEFENDANT LEWIS PEDIGO SR, DBA 24/7 CONCRETE PUMPING A
SOLE PROPRIETORSHIP - 1
1 FOURTH AFFIRMATIVE DEFENSE

2 This answering defendant alleges the defense of plaintiff’s Complaint, Request, and filing of

3 DEFAULT is due to Improper service by lack of due diligence is on the part of Council for the Plaintiff in

4 addressing service incorrectly.

5 FIFTH AFFIRMATIVE DEFENSE

6 Lewis Pedigo Sr has not lived nor operated 24/7 Concrete Pumping from subject address in over 3

7 years as is known to the Plaintiff. The Plaintiff had means to provide the proper address for Counsel to serve paper

8 or to communicate with the defendant to avoid this dire situation.

9 SIXTH AFFIRMATIVE DEFENSE

10 Plaintiff has email address and phone numbers to 24/7 Concrete Pumping where in their service

11 papers they state not available. Karina Pedigo maintains ability to reply and delete emails through a Verizon.net

12 email address the Defendant stopped using in 2018 and informed al associates of a yahoo.com address and after that

13 was compromised now uses iCloud, however he has not ever changed business phones.

14 SEVENTH AFFIRMATIVE DEFENSE

15 THE DEFENDANT IN THE COURSE OF ALMOST 2 YEARS AND MULTIPLE ACTIONS

16 BY THE PLAINTIFF NEVER RECEIVED SERVICE, which alone should raise question of negligence by the

17 Plaintiff’s Counsel. The Defendant remained a part of a relationship built community of Businessmen.

18 EIGHTH AFFIRMATIVE DEFENSE

19 The defendant is in fact “Special Needs” and has difficulty with common daily tasks, and

20 sustained a Traumatic Brain Injury 2 years ago that went uncared for and worsened over time. Artificial Cervical

21 Disc replacement of the C-Spine and other treatments have been done and are ongoing. See Exhibit I from Dr

22 Edward Nomoto.

23

24 NINTH AFFIRMATIVE DEFENSE

25 Defendant reserves the right to amend his Affirmative Defenses.
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27

28
 ANSWER TO COMPLAINT OF DEFENDANT
1 LEWIS PEDIGO SR, ESA DBA 24/7 CONCRETE PUMPING A SOLE PROPRIETORSHIP

3 WHEREFORE, this answering defendant prays for judgment in his favor and against Plaintiff as

5 follows;

6 1) That plaintiff take nothing by their Complaint and that both the Complaint and Default be

7 dismissed as against this answering defendant.

8 2)That in the event that Plaintiff obtains a judgment against this answering defendant, any liability

9 and damages against this answering defendant be limited to the percentage of fault actually attributable to this

10 answering defendant and Karina Pedigo and Lewis Pedigo JR be held responsible for such damages.

11 3) That this answering defendant be awarded his costs of suit and attorney’s fees incurred herein

12 and by both Karina Pedigo and Lewis Pedigo Jr For such other and further relief as this Court may deem just and

13 proper.

14 Dated September 2, 2021

15 ____________________________________________
16 Samantha Jones
For Lewis Pedigo Sr
17 UNDER POA
18

19

20 ______________________________________________

21 Lewis Pedigo Sr ESA, Lewis Pedigo, dba 24/7

22 Concrete Pumping a Sole Proprietorship

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28 ANSWER TO COMPLAINT OF DEFENDANT LEWIS PEDIGO SR, DBA 24/7 CONCRETE PUMPING A
SOLE PROPRIETORSHIP - 3