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Form-Answer To Complaint General Denial With Affirmative Defenses
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Form: Litigation-Answer To Complaint -General Denial With Affirmative Defenses

ATTACHMENT TO: ________________________ Answer 4. AFFIRMATIVE DEFENSES - (Page 2, No. 4) ATTACHMENT A
COMES NOW _____________________ and answers to the COMPLAINT ALLEGING THE FOLLOWING AFFIRMATIVE DEFENSES. I. GENERAL DENIAL

This Defendant denies each and every, all and singular, generally and specifically, the allegations contained in the claim, and each and every part thereof and, in this connection, this Defendant denies that plaintiffs have been injured or damaged in any sum, or otherwise, or at all.
II. AFFIRMATIVE DEFENSES

As separate, distinct and affirmative defenses to the claim on file herein and to each cause of action thereof, this answering Defendant alleges as follows:
FIRST AFFIRMATIVE DEFENSE (General Demurrer)

The claim, and each cause of action alleged therein, fails to state facts sufficient to constitute a cause of action against this answering Defendant.
SECOND AFFIRMATIVE DEFENSE (Causation)

Defendant's conduct was not the cause in fact nor the proximate cause of any
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injury, loss, or damage alleged by Plaintiffs.

THIRD AFFIRMATIVE DEFENSE (Waiver)

Defendant alleges that all sums due to Plaintiffs from transactions at issue have been waived by Plaintiffs. Plaintiffs have waived their right to bring this action. Furthermore, Plaintiffs, by their words conduct and actions, made a knowing intentional and voluntary waiver of any and all claims further obligations and liabilities as to any and all matters raised in their Complaint barring any recovery against defendants.
FOURTH AFFIRMATIVE DEFENSE (Statute of Limitations)

This action is barred by the statutes of limitation in the Code of Civil Procedure including but not limited to Code of Civil Procedure sections 337, 338, 339, 340 and 343 and each pertinent subsection. and applicable federal limitation periods
FIFTH AFFIRMATIVE DEFENSE (Estoppel)

Plaintiffs accepted, authorized, approved and ratified Defendant's conduct and /or prevented Defendant from protecting his interest. In reliance of said representations by plaintiffs and cross defendants, defendant Robert Lewis, did not act to protect his interest. Plaintiffs and cross defendants further deceived defendant ______________ into believing that they would not proceed with the subrogation action. In reliance of and as a direct result of said deceit defendant failed to protect his interest and he has been detrimentally prejudiced thereby. As a direct and proximate result of said deceit and representation, defendant ________ . (did or failed to do) As a consequence, Plaintiffs are estopped from asserting any claim based on such conduct.
SIXTH AFFIRMATIVE DEFENSE (Laches)

Plaintiffs unreasonably delayed in providing notice and in commencing and prosecuting this action which caused unfair prejudice to Defendant's barring any recovery against Defendant under the equitable doctrine of laches.
SEVENTH AFFIRMATIVE DEFENSE (Privilege/Justification)

The conduct of the Defendant was justified or privileged or both under the circumstances barring any recovery against Defendant.
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EIGHTH AFFIRMATIVE DEFENSE (Acceptance of Performance)

Plaintiffs accepted performance tendered by Defendant under each and every alleged agreement if any thus excusing Defendant from any and all further obligations to Plaintiffs.
NINTH AFFIRMATIVE DEFENSE (Comparative Fault)

Plaintiffs were careless and negligent in the premises, and thus were comparatively at fault and any damages recovered by Plaintiffs should be reduced, be abated, reduced or eliminated to the extent Plaintiffs' fault caused or contributed to plaintiffs' damages if any.

(1)

(2) (3) (4) (5) (6)

TENTH AFFIRMATIVE DEFENSE (Contributory Negligence)

The damages complained of, if any there were, were proximately contributed to or caused by the carelessness, negligence, fault or defects created by the remaining parties in this action, or by other persons or entities unknown to this answering Defendant at this time, and were not caused in any way by Defendant or by persons for whom these Defendant is legally liable for these reasons specified herein and for other reason to be proved at the time of trial.
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(1)

(2) (3) (4) (5) (6)

ELEVENTH AFFIRMATIVE DEFENSE (Willful Misconduct)

Defendant is informed and believe and thereon allege that plaintiffs were guilty of willful misconduct and proximately contributed to the occurrence of the events complained of in plaintiffs' Complaint and the damage alleged to have been suffered therein, and plaintiffs are therefore precluded from comparing such conduct with the alleged fault on the part of these answering defendant, if any.
TWELFTH AFFIRMATIVE DEFENSE (Conduct Of Others)

This Defendant alleges that should plaintiffs recover damages against any defendants, said Defendant is entitled to have the amount abated, reduced or eliminated to the extent other third parties' fault caused or contributed to plaintiffs' damages, if any.
THIRTEENTH AFFIRMATIVE DEFENSE (Intentional Acts Of Others)

This Defendant contends that the sole and/or proximate cause of the damages claimed by plaintiffs was and is due to the willful and intentional acts of persons and/or entitles other than this answering defendant.
FOURTEENTH AFFIRMATIVE DEFENSE
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(Consent)

At all times described in the Complaint, plaintiffs consented to any and all conduct alleged therein.
FIFTEENTH AFFIRMATIVE DEFENSE (Spoliation Of Evidence)

These answering Defendant is informed and believes that plaintiffs and/or their agents failed to preserve and permitted the spoliation of material evidence. Such conduct bars recovery from Defendant and/or gives rise to liability for damages payable to these answering defendant.
SIXTEENTH AFFIRMATIVE DEFENSE (Contribution)

Should this Defendant be found liable to plaintiffs, which liability is expressly denied, Defendant is entitled to have any award against them abated reduced or eliminated to the extent that the negligence carelessness fault or defects caused by the remaining parties in this action or by other persons corporations or business entities contributed to plaintiffs' damages if any.
SEVENTEENTH AFFIRMATIVE DEFENSE (Mitigation)

Plaintiffs' alleged damages or injuries if any there were, were aggravated by the plaintiffs' failure to use reasonable diligence to mitigate them.
EIGHTEENTH AFFIRMATIVE DEFENSE (Set Off)

The claims of plaintiffs are subject to set-off based on the acts and wrong doing of plaintiffs.
NINETIETH AFFIRMATIVE DEFENSE (Impossibility)
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Defendant's alleged duties as claimed in the Complaint, if any so existed, have been excused by the doctrine of impossibility in that the performance of said obligation is and has been rendered impossible and/or commercially impracticable.
TWENTIETH AFFIRMATIVE DEFENSE (Frustration)

The purpose of the alleged agreement has been frustrated as a matter of law. TWENTY-FIRST AFFIRMATIVE DEFENSE
(Unclean Hands)

Plaintiffs are not entitled to the relief sought by reason of their own unclean hands with regard to the matters alleged in the complaint. The Complaint, and each cause of action therein, are barred by the approval and ratification of the actions complained of therein.
TWENTY-SECOND AFFIRMATIVE DEFENSE (Performance Excused)

Assuming arguendo that these Defendant owed any obligation to which full performance has not been rendered, which Defendant expressly denies, performance of said obligation has been excused by the acts and omissions of plaintiffs or their agents excluding this defendant.
TWENTY-THIRD AFFIRMATIVE DEFENSE (Res Judicata)

The action is barred by the doctrine of res Judicata as the result of the dismissal of _______________ County Superior Court Action No. _________________v. ________________l.
TWENTY-FOURTH AFFIRMATIVE DEFENSE (Collateral Estoppel)

The action is barred by the doctrine of collateral estoppel.

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TWENTY-FIFTH AFFIRMATIVE DEFENSE (Failure to Raise Claim As Compulsory Cross complaint)

The action is barred because it is a compulsory cross complaint and it should have been brought in the prior action ___________ County Superior Court Action No. ______________ TWENTY-SIXTH AFFIRMATIVE DEFENSE (Acceptance of Compromise) On or about April 19, 1996, ___________________________ agreed to accept $12,000.00 in full satisfaction of this subrogation claim and this action is therefore barred. WHEREFORE, these answering defendant prays that plaintiffs take nothing by reason of their CLAIM and that defendant be hence dismissed with their and costs of suit herein incurred.

Dated: July ______________ 2001

__________________________

Page _____

[ANSWER - AFFIRMATIVE DEFENSES]

Cross-References California Judicial council Forms-Contract | California Judicial council Forms-Personal Injury | Chapter - Pleadings Answer-introduction | California Civil Code Provisions-Related To The Demurrer

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