What follows is a some free legal information regarding the above titled matter for educational and discussion purposes only. This is not to be used in all matters or cases, and each matter or case is different. What follows is for discussion purposes only for review and consideration by and for liciensed Calfornia Defense lawyers, and should not be used in any particular matter or case. It is an example from what has been used in another matter or case, and will like not apply to someone else’s matter or case.
The Sample Answer, which is one form of Respose, to a ADA Lawsuit, Busienss, or Real Estate Lawsuit filed in a California Superior Court, or in the case of an ADA lawsuit, filed in part in Federal District Court for ADA claims. Federal Answers are somewhat different in format so the below form should not be considered for use as an answer to be filed in a U.S. District Court.
Parts of the form which follows has assisted lawyers with cases arising thoughout Claifornia, including Tustin, Irvine, Costa Mesa, Santa Ana, Garden Grove, Lake Forest, Mission Viejo, Los Angeles, San Diego, Tustin, San Bernadino, and Sacramento. Note the one affirmative defense for ADA lawsuits regarding Not Readily Achievable (as sort of Grand Father or Grand Fathered in ADA Defense) needs to be adjusted for each case where it might apply).
The form:
The ______________ Law Firm
California
Telephone:
Attorney for Defendants
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
FOR THE COUNTY OF _____________________ (e.g. Orange County, Los Angeles County, San Diego County, Tustin County, San Francisco County, San Bernadino County, Kern County etc.)
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___________, as owner of _________, derivatively on behalf of ___________, and ______________, an Individual, Plaintiffs, vs. _______________and ______________; and DOES 1 through 5, inclusive, Defendants. |
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CASE NO. _____________ ASSIGNED FOR ALL PURPOSES TO THE HONORABLE _____________ DEPARTMENT ___ ANSWER TO UNVERIFIED COMPLAINT |
COMES NOW, Defendants ___________________. and __________________ (hereinafter “these answering Defendants”), and answering the unverified Complaint on file herein for and on behalf of itself alone, answers Plaintiff’s unverified Complaint as follows:
Under and pursuant to the provisions of California Code of Civil Procedure, specifically, Section 431.30 thereof, these answering Defendants generally denies each and every allegation of said unverified Complaint, and the whole thereof, and each and every allegation of each and every cause of action alleged therein, and further expressly deny that as a direct or proximate result of any acts or omissions on the part of these answering Defendants, Plaintiff herein sustained or suffered injury or damage in the amount alleged in the unverified Complaint, or in any amount at all, or that Plaintiff has suffered injury or damage for any reason in the sums alleged in the unverified Complaint, or in any other sum or sums, or at all.
FIRST AFFIRMATIVE DEFENSE
(No Cause of Action)
1. As a first, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiff’s unverified Complaint, in its entirety, nor any purported cause of action set forth therein, allege facts sufficient to constitute a cause of action against these answering Defendants.
SECOND AFFIRMATIVE DEFENSE
(Statute of Frauds)
2. As a second, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that the action sued on herein is barred by the provisions of Civil Code Sections 1624(b), 1624(c) and 1624(d), in that the contract sued on is for the building and site remodeling, trade services, labor and materials of real property and is invalid unless subscribed by the party sought to be charged.
THIRD AFFIRMATIVE DEFENSE
(Offset)
3. As a third, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that they have incurred damages by reason of Plaintiff’s conduct and that it has the right of offset of any amount of monies owed to Plaintiff by way of damages.
FOURTH AFFIRMATIVE DEFENSE
(Waiver)
4. As a fourth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants are informed and believe, and on such information and belief, allege that Plaintiff is engaged in conduct that constitutes waiver of his rights. By reason of such waiver, these answering Defendants is excused from the performance of the obligation of the alleged contract.
FIFTH AFFIRMATIVE DEFENSE
(Estoppel, Unclean hands, Laches)
5. As a fifth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants are informed and believe, and on such information and belief, allege that by reason of Plaintiff’s conduct which constitutes a breach of contract, tortious conduct, waiver, unclean hands, and laches, Plaintiff is estopped to assert any right of relief.
SIXTH AFFIRMATIVE DEFENSE
(Breach of Contract)
6. As a sixth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants are informed and believe, and on such information and belief, allege that Plaintiff breached his contract, if any, with Defendants and by reason of such breach of contract, these answering Defendants has been excused of any duty it may have had to perform any obligation set forth in any agreement with Plaintiff, if there be such an agreement.
SEVENTH AFFIRMATIVE DEFENSE
(Release)
7. As a seventh, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiff’s actions constituted a full release by Plaintiff of any and all claims which he may have had against these answering Defendants.
EIGHTH AFFIRMATIVE DEFENSE
(In Pari Delicto)
8. As an eighth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiff herein, and each and every cause of action contained in the unverified Complaint, is barred because Plaintiff has engaged in acts and courses of conduct which render him in pari delicto.
NINTH AFFIRMATIVE DEFENSE
(Equitable Estoppel)
9. As a ninth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiff herein, and each and every cause of action contained in the unverified Complaint, is barred by reason of acts, omissions, representations, and courses of conduct by Plaintiff, by which these answering Defendants were led to rely on to its detriment, thereby barring each and every cause of action under the Doctrine of Equitable Estoppel.
TENTH AFFIRMATIVE DEFENSE
(Full Performance)
10. As a tenth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that its full performance of any agreement or act required of it, if there be such agreements or acts, fulfills all its duties and obligations to Plaintiff, if any there be, contractual, fiduciary, or other, and no other duty or obligation to Plaintiff remains on behalf of these answering Defendants.
ELEVENTH AFFIRMATIVE DEFENSE
(Failure to Mitigate Damages)
11. As an eleventh, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that at all times material herein, Plaintiff failed and neglected to mitigate his damages so as to reduce and/or diminish his claim.
TWELFTH AFFIRMATIVE DEFENSE
(Ratification of Acts)
12. As a twelfth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiff, by his acts, conduct and/or omissions, has ratified the acts, conduct and omissions, if any, of these answering Defendants; therefore, Plaintiff is barred from seeking any relief from these answering Defendants.
THIRTEENTH AFFIRMATIVE DEFENSE
(No Reasonable Reliance)
13. As a thirteenth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiff did not reasonably rely upon any alleged misrepresentations or nondisclosures of material facts made by these answering Defendants; therefore, Plaintiff is barred from seeking any affirmative relief against these answering Defendants.
FOURTEENTH AFFIRMATIVE DEFENSE
(Statute of Limitations)
14. As a fourteenth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that the action of Defendants is barred by the applicable statutes of limitations, including, but not limited to, California Code of Civil Procedure Sections 338(a), 338(d), 339(1) and 343; 343; Commercial Code Sections 2725(1) and 2725(2); and Civil Code Section 2079.4.
FIFTEENTH AFFIRMATIVE DEFENSE
(Integration and Parole Evidence Rule)
15. As a fifteenth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that the unverified Complaint, and each and every cause of action therein, is barred by the Doctrine of Integration and the Parole Evidence Rule.
16. (in an ADA Defense Answer …. The ADA – Americans with Disability Act, or Unruh Act violations or non-compliance claimed and modifications requested are not Readily Achievable and the building was build _______ before the enactment of the various ADA laws and regulations were enacted. This is sort of a grandfather or grandfathered in defense, but not exactly the same as there are many factors to consider. This is a complex issue and the above wording needs to be adjusted for each case and set of facts.
WHEREFORE, these answering Defendants prays for judgment as follows:
1. That Plaintiff take nothing by reason of the unverified Complaint herein, and that these answering Defendants be dismissed hence;
2. To the exent to which law, equity, or contract allows, for reasonable attorney’s fees;
3. For costs of suit incurred herein; and
4. For such other and further relief as the Court may deem just and proper.
DATED: June ____, ____________
The ____________ Law Firm
By:
Attorneys for Defendants