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E-FILED

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 ANSWER OF WESTERN NATIONAL CONSTRUCTION TO THIRD AMENDED COMPLAINT P:\DOCS\Western \Pleadings\Answers\Answer TAC[WNC].docx GREEN & HALL, A Professional Corporation MICHAEL J. PEPEK, State Bar No. 178238 SAMUEL M. DANSKIN, State Bar No. 136044 MICHAEL A. ERLINGER, State Bar No. 216877 1851 East First Street, 10th Floor Santa Ana, California 92705-4052 Telephone: (714) 918-7000 Facsimile: (714) 918-6996 Attorneys for WESTERN NATIONAL CONSTRUCTION SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA CILKER APARTMENTS, LLC, Plaintiff, vs. WESTERN NATIONAL CONSTRUCTION, et al., Defendants. CASE NO. 113CV258281 ANSWER OF WESTERN NATIONAL CONSTRUCTION TO THIRD AMENDED COMPLAINT JUDGE: Hon. Peter H. Kirwan DEPT.: 1 ACTION FILED: December 26, 2013 TRIAL DATE: June 13, 2016 AND RELATED CROSS-ACTIONS COMES NOW Defendant Western National Construction ("Defendant") which answers Plaintiff's unverified Third Amended Complaint ( Complaint ) by admitting, denying and alleging as follows: / / / E-FILEDApr 19, 2016 2:45 PMDavid H.

EIGHTEENTH AFFIRMATIVE DEFENSE (Novation) 18. Novation. Defendant is informed and believes and, based thereon, alleges that Plaintiff has engaged in conduct and actions to constitute a novation concerning the obligations, conduct, or acts at issue in the Complaint, barring recovery from Defendant. NINETEENTH AFFIRMATIVE DEFENSE (Impracticality) 19.

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