Case 1:13-cv-01051-LJO-JLT Document 21 Filed 09/25/13 Page 1 of 3

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THERESA A. GOLDNER, COUNTY COUNSEL

By: Mark L. Nations, Chief Deputy (SBN 101838)
Kern County Administrative Center
1115 Truxtun Avenue, Fourth Floor
Bakersfield, CA 93301
Telephone 661-868-3800
Fax 661-868-3805
Attorneys for Defendants
County of Kern, et al.

SUPERIOR COURT OF CALIFORNIA

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COUNTY OF KERN - METROPOLITAN DIVISION

TARA GARLICK; MLS, CJS, CRS,
EZS, minors by and through their
guardian ad litem, TARA GARLICK,
individually and as the Successors
in Interest of DAVID SAL SILVA,
Deceased,

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Plaintiffs,
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v.
COUNTY OF KERN, KERN COUNTY
SHERIFFS DEPARTMENT, SHERIFF
DONNY YOUNGBLOOD, SGT.
DOUGLAS SWORD, DEPUTY RYAN
GREER, DEPUTY TANNER MILLER,
DEPUTY JEFFREY KELLY, DEPUTY
LUIS ALMANZA, DEPUTY BRIAN
BROCK, DEPUTY DAVID STEPHENS,
and DOES 1 TO 100, inclusive,
Defendants.

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CASE NO. 1:13-CV-01051 LJO JLT

DEFENDANTS COUNTY OF KERN,
KERN COUNTY SHERIFFS
DEPARTMENT, SHERIFF DONNY
YOUNGBLOOD, DEPUTY RYAN
GREER, DEPUTY TANNER MILLER,
DEPUTY RYAN BROCK, DEPUTY
DAVID STEPHENS

Action filed: July 8, 2013

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COME NOW Defendants COUNTY OF KERN, KERN COUNTY SHERIFFS

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DEPARTMENT, SHERIFF DONNY YOUNGBLOOD, DEPUTY RYAN GREER,

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DEPUTY TANNER MILLER, DEPUTY RYAN BROCK (sued erroneously herein as

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Brian Brock), DEPUTY DAVID STEPHENS and answer the complaint of PLAINTIFFS

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TARA GARLICK; MLS, CJS, CRS, EZS, minors by and through their guardian ad
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Defendants Answer to the Complaint of Plaintiffs

Case 1:13-cv-01051-LJO-JLT Document 21 Filed 09/25/13 Page 2 of 3

litem, TARA GARLICK, individually and as the Successors in Interest of DAVID SAL

SILVA, Deceased as follows:

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1.

Defendants admit the allegations of the following paragraphs of the

complaint: 2, 6, 9 and 12.

2.

As to the allegations of paragraph 1, defendants admit that this court has

jurisdiction over plaintiffs claims as currently alleged in the complaint. Defendants

deny the remaining allegations of paragraph 1 on lack of information and belief.

3.

As to the allegations of paragraph 7, defendants admit that the Kern

County Sheriffs Department is a law enforcement agency organized and existing

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under the laws of the State of California. Defendants deny the remaining allegations

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of paragraph 7.

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4.

As to the allegations of paragraph 8, defendants admit that Donny

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Youngblood is, and at the times alleged in the complaint was, the duly elected Sheriff

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of Kern County and head of the Kern County Sheriffs Department. Defendants deny

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the remaining allegations of paragraph 8 on lack of information and belief.

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5.

Defendants deny the allegations of the following paragraphs of the

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complaint: 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 32, 33, 34, 35, 36,

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38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60,

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61, 62, 63 and 64.

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6.

Defendants are currently without sufficient information or belief to admit

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or deny the allegations of the following paragraphs of the complaint and, on that basis,

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deny them: 3, 4, 5, 10, 12, 27, 28, 29, 30 and 31.

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FIRST AFFIRMATIVE DEFENSE

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The complaint fails to allege sufficient facts to constitute a cause of action.

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SECOND AFFIRMATIVE DEFENSE

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Individual defendants are entitled to qualified immunity in that, among other

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things, they took reasonable steps to investigate a matter and in the course of that

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Defendants Answer to the Complaint of Plaintiffs

Case 1:13-cv-01051-LJO-JLT Document 21 Filed 09/25/13 Page 3 of 3

investigation were confronted with a threat to their personal safety or the safety of

others to which they responded in a reasonable manner.

WHEREFORE, DEFENDANTS PRAY:

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That plaintiffs take nothing by way of the complaint;

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Costs of suit;

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All other relief deemed just and proper by the court.

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Dated: September 25, 2013

THERESA A. GOLDNER, COUNTY COUNSEL

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By

/s/ Mark L. Nations

Mark L. Nations, Chief Deputy
Attorneys for Defendants County of Kern,
Kern County Sheriffs Department, Sheriff
Donny Youngblood, Deputy Ryan Greer,
Deputy Tanner Miller, Deputy Ryan Brock
Deputy David Stephens

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Defendants Answer to the Complaint of Plaintiffs