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THERESA A. GOLDNER, COUNTY COUNSELBy: Mark L. Nations, Chief Deputy (SBN 101838)Kern County Administrative Center1115 Truxtun Avenue, Fourth FloorBakersfield, CA 93301

Telephone 661-868-3800Fax 661-868-3805

Attorneys for DefendantsCounty of Kern, et al.

SUPERIOR COURT OF CALIFORNIA

COUNTY OF KERN - METROPOLITAN DIVISION

TARA GARLICK; MLS, CJS, CRS,

EZS, minors by and through theirguardian ad litem, TARA GARLICK,individually and as the Successorsin Interest of DAVID SAL SILVA,Deceased,

Plaintiffs,

v.

COUNTY OF KERN, KERN COUNTY

SHERIFF’S DEPARTMENT, SHERIFFDONNY YOUNGBLOOD, SGT.DOUGLAS SWORD, DEPUTY RYANGREER, DEPUTY TANNER MILLER,DEPUTY JEFFREY KELLY, DEPUTYLUIS ALMANZA, DEPUTY BRIANBROCK, DEPUTY DAVID STEPHENS,and DOES 1 TO 100, inclusive,

Defendants.

)

)))))))))))

))))))))))

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

DEFENDANTS COUNTY OF KERN,KERN COUNTY SHERIFF’S

DEPARTMENT, SHERIFF DONNY YOUNGBLOOD, DEPUTY RYANGREER, DEPUTY TANNER MILLER,DEPUTY RYAN BROCK, DEPUTYDAVID STEPHENS

Action filed: July 8, 2013

COME NOW Defendants COUNTY OF KERN, KERN COUNTY SHERIFF’S

DEPARTMENT, SHERIFF DONNY YOUNGBLOOD, DEPUTY RYAN GREER,

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

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

TARA GARLICK; MLS, CJS, CRS, EZS, minors by and through their guardian ad

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

SILVA, Deceased as follows:

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 Sheriff’s Department is a law enforcement agency organized and existing

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

of paragraph 7.

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

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

of Kern County and head of the Kern County Sheriff’s Department. Defendants deny

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

5. Defendants deny the allegations of the following paragraphs of the

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

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

61, 62, 63 and 64.

6. Defendants are currently without sufficient information or belief to admit

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

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

FIRST AFFIRMATIVE DEFENSE

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

SECOND AFFIRMATIVE DEFENSE

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

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

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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:

1. That plaintiffs take nothing by way of the complaint;2. Costs of suit;

3. All other relief deemed just and proper by the court.

Dated: September 25, 2013 THERESA A. GOLDNER, COUNTY COUNSEL

By /s/ Mark L. NationsMark L. Nations, Chief Deputy

 Attorneys for Defendants County of Kern,Kern County Sheriff’s Department, SheriffDonny Youngblood, Deputy Ryan Greer,Deputy Tanner Miller, Deputy Ryan BrockDeputy David Stephens

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