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TIMOTHY L. MCCANDLESS, ESQ.

SBN 147715
LAW OFFICES OF TIMOTHY L. MCCANDLESS
820 Main
Martinez, California 94553

(925) 957-9797 Telephone


(925) 957-9799 Facsimile

Attorney for Defendant,


DEFENDANT NAME

SUPERIOR COURT OF THE STATE OF CALIFORNIA


IN AND FOR THE COUNTY OF COUNTY NAME
NAME BRANCH

Case No.: XX-XXX-XXXX


PLAINTIFF NAME
DEFENDANT’S ANSWER COMPLAINT

Plaintiff, JURY TRIAL DEMANDED

vs. NOTICE OF NON-STIPULATION TO


COMMISSIONER
NAME OF DEFENDANT
and DOES I through X, Inclusive

Defendant(s).

TO THE COURT, ALL PARTIES HEREIN, AND THEIR ATTORNEYS


OF RECORD:
COMES NOW THE DEFENDANT, DEFENDANT NAME, and in answer
to the complaint on file herein, admits, denies, and alleges as follows:

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

6 First Affirmative Defense


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Fails To State Sufficient Facts
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Each purported cause of action fails to state facts sufficient to constitute a basis for relief
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against these answering Defendants.

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12 Second Affirmative Defense


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Waiver
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20. The claims being advanced by Plaintiffs are barred by virtue of the Plaintiff’s acts
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16 and/or omissions that amount to a waiver, including but, not limited to attempting to enforce a

17 non-negotiable promissory note by way of an invalid non-judicial foreclosure sale.


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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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_____________________________________________________________________________

GENERAL DENIAL ANSWER


Fourth Affirmative Defense
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2 Failure To Mitigate Damages

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

14 The present action is barred by application of the applicable statute of limitations.


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Seventh Affirmative Defense
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Unclean Hands
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19 By virtue of Plaintiff’s conduct, Plaintiffs are barred from recovery therein by

20 the doctrine of unclean hands.


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Eighth Affirmative Defense
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Standing
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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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GENERAL DENIAL ANSWER


Ninth Affirmative Defense
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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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_____________________________
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7 Timothy L. McCandless, Esq.


Attorney for Defendant,
8 DEFENDANT NAME
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_____________________________________________________________________________

GENERAL DENIAL ANSWER


1 PROOF OF SERVICE
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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
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I am over the age of 18 and not a party to this action. My business address is 820 Main,
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Martinez, California 94553, which is located in the county where the mailing described took
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6 On October 31, 2009, I served the foregoing document(s) described: DEFENDANT’S


ANSWER
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8 Which were served upon:

9 Attorney for Plaintiff


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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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GENERAL DENIAL ANSWER