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BARNETT v DUNN, et al. - General Denial - DefaultDMS

BARNETT v DUNN, et al. - General Denial - DefaultDMS

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Published by Jack Ryan
6/17/2010 12:17 PM 34-2010-00077415-CU-MC-GDS General Denial
6/17/2010 12:17 PM 34-2010-00077415-CU-MC-GDS General Denial

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Categories:Types, Research, Law
Published by: Jack Ryan on Jun 22, 2010
Copyright:Attribution Non-commercial

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06/20/2013

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PLD-OSO
ATTORNEY OR PARTY WiTHOUT ATTORNEY (Name. Stale Bar
number,
and addrass)
_ Charles H
Bell,
Jr , SBN 060553Brian T Hildreth, SBN 214131
Bell,
McAndrews, & Hiltachk, LLP455 Capitol
Mall,
Suite 801, Sacramento, CA 95814TELEPHONENO 916-442-7757
FAXNO
foptona); 916-442-7759
E-MAIL
ADORESS (OptionaO
ATTORNEY FOR (Name
Defendant, Damon Jeirell Dunn (Damon Dunn)SUPERIOR
COURT OF
CALIFORNIA, COUNTY
OF
SacramentOSTREETADDRESS 720 Ninth StTBCt
MALNG ADDRESS
720 Ninth StTcetCITYANDZIPCODE Sacramento, CA 95814BRANCHNAME Gordon D. SchaberPLAINTIFF/PETITIONER Pamela BamettDEFENDANT/RESPONDENT Damon Jerrell Dunn (aka Damon Dunn), et al
GENERAL DENIAL
TOR COURT USE ONLY
JUN 1
7
2010
L UeDuty Clpri,CASE NUMBER
34-2010-00077415
If
you
want to file a general denial, you MUST use this form if the amount asl<ed for in the complaint or the vaiue of
the
propertyinvolved IS $1,000 or lessYou MAY use this form for a general denial if1 The complaint is not
verified,
or2 The complaint is verified and the case is a limited civil case (the amount in controversy is $25,000 or less),BUT NOT if the complaint involves a claim for more than $1,000 that has been assigned to a third party for collection(See Code of Civil Procedure sections 85-86, 90-100,431 30, and
431
40 )
0
1
1 DEFENDANT (name) Damon JeiTell Durm (Damon Dunn)generally denies each and every allegation of plaintiffs compiaint2 I / I DEFENDANT states the following FACTS as separate affirmative defenses to plaintiffs complaint (attach additionalpages if necessary)-
See Attachment A.Date
6/17/10
Charles H. Bell, Jr.
(TYPE OR PRINT NAME)(SIGNATURE OF DEFENDANT OR ATTORNEY)
SD^^
If
you
have a claim for damages or other relief against the piaintiff, the iaw may require you to state your claim in a speciai pleadingcalled a cross-complaint or
you
may lose your nght to bring the claim. (See Code of Civil Procedure sections 426 10-426 40 )The ongmai of this General Denial must be filed with the clerk of this court with proof that a copy was served on each plaintiffsattorney and on each plaintiff not represented by an attomey There are two main ways to serve this General
Denial-
by personaidelivery or by mail It may be served by anyone at least 18 years of age EXCEPT you or any other party to this legal action. Be surethat whoever serves the General
Denial fills
out and signs a proof of service You may use the applicable Judiciai Councii form (suchas form POS-020, POS-030, or POS-040) for the proof of service
Page
1
of 1Form Adopled lor Mandalory UseJudiaal Council of CalilomiaPLD-G50(Rev January
1,2009]
GENERAL DENIAL
Code of Civil Procedure, §§
431
30,431 40mvw courtinio cagovAmerican LegalNeL Incwww Formst'Vor/[//aw com
 
Page 1 of2ATTACHMENT A(Attachnient to Form Pld 050 "General Denial")DEFENDANT DAMON DUNN states the following FACTS as separate affirmative defenses toPlamtlffs complaint'FIRST AFFIRMATrS^ DEFENSE(Failure to State a Cause of Action)1. As a First and Separate Affirmative Defense, Defendant Damon Durm alleges thateach cause ofaction fails to state facts sufficient to constitute a cause ofaction.SECOND AFFIRMATIVE DEFENSE(Laches)
2.
As a Second and Separate Affumative Defense, Defendant Damon Dumi allegesthat Plaintiffs delay in bnnging this action, is inexcusable and has caused prejudice toDefendant Damon Dunn and that each cause ofaction is barred by the doctrine of laches.THIRD AFFIRMATIVE DEFENSE(Waiver)
3.
As a Third and Separate Affirmative Defense, Defendant Damon Dumi allegesthat each cause ofaction is barred by the doctnne of waiver.FOURTH AFFIRMATIVE DEFENSE(Estoppel)
4.
As a Fourth and Separate Affirmative Defense, Defendant Damon Dunn allegesthat each cause ofaction is barred by the doctrine of estoppel.FIFTH AFFIRMATIVE DEFENSE(Compliance with All Statutes)
5.
As a Fifth and Separate Affirmative Defense, Defendant Damon Dumi compliedwith all statutory requirements to qualify to be placed on the ballot for the pnmary election andthat any violation or omission was caused by the actions of others for which Defendant DamonDurni is not liable.
 
Page 2 of2ATTACHMENT A(Attachment to Form Pld 050 "General Denial")SIXTH AFFIRMATIVE DEFENSE(Protected First Amendment Activity)6. As a Sixth and Separate Affirmative Defense, Defendant Damon Dumi allegesthat they are engaging
m
First Amendment political activity and are protected from litigationabuse, such as this, by California Code of Civil Procedure section 425.16.WHEREFORE, Defendant Damon Dunn prays:1. That plaintiff takes nothing by then- Complaint;2 That the Complaint, and each purported cause of action contained therein, bedismissed m its entirety,
3.
For such other and fiirther relief as the Court deems just and proper.

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