Professional Documents
Culture Documents
SBN 147715
LAW OFFICES OF TIMOTHY L. MCCANDLESS
820 Main
Martinez, California 94553
Defendant(s).
GENERAL DENIAL
1 The defendant denies each and every, all and singular, generally and specifically,
2 the allegations contained in the complaint.
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5 AFFIRMATIVE DEFENSES
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against these answering Defendants.
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16 and/or omissions that amount to a waiver, including but, not limited to attempting to enforce a
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Third Affirmative Defense
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Estoppel
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22 21. This answering defendant is informed and believes and thereupon alleges that
23 Plaintiffs have engaged in conduct and activities, and by reason of said activities and conduct are
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estopped from asserting any claims for damages or seeking any other relief against this
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answering Defendant.
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3 Plaintiffs though under a duty to do so, have failed and neglected to mitigate
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their damages and, therefore, cannot recover against these answering Defendants whether as
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alleged or otherwise.
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Fifth Affirmative Defense
8 Statute of Frauds
9 The present action is barred by application of the Statute of Frauds because the
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agreement is not in writing.
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Sixth Affirmative Defense
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13 Statute of Limitations
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Seventh Affirmative Defense
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Unclean Hands
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This answering defendant alleges that the Plaintiff does not have standing because
25 Plaintiff’s standing is based solely upon an invalid contract not properly assigned the
26 enforcement of a promissory note that was not negotiable pursuant to California Commercial
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Code section 3203 et seq.
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2 Reservation of Defendants
3 Defendant hereby reserves all defenses unknown at the time of filing this response.
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Dated: TODAYS DATE
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xx I deposited the foregoing documents in the United States Postal Service. Executed on:
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Date , in Martinez, California.
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15 (State) XXXX I declare under penalty of perjury under the laws of the State of California that
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the above is true and correct.
17 (Federal) ____ I declare that I am employed in the office of a member of the bar of this Court at
whose direction the service was made.
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_______ BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the
addressee(s) above.
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