Answer To Cc Complaint

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 Plaintiff,

DEFENDANT’S ANSWER COMPLAINT JURY TRIAL DEMANDED NOTICE OF NON-STIPULATION TO COMMISSIONER

vs. 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

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The defendant denies each and every, all and singular, generally and specifically,

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the allegations contained in the complaint.

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AFFIRMATIVE DEFENSES

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First Affirmative Defense

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

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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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and/or omissions that amount to a waiver, including but, not limited to attempting to enforce a

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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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21. This answering defendant is informed and believes and thereupon alleges that

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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 answering Defendant.

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2 of 5 _____________________________________________________________________________ GENERAL DENIAL ANSWER

Fourth Affirmative Defense

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Failure To Mitigate Damages

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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 alleged or otherwise. Fifth Affirmative Defense

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Statute of Frauds

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The present action is barred by application of the Statute of Frauds because the agreement is not in writing.

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Sixth Affirmative Defense

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Statute of Limitations

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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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By virtue of Plaintiff’s conduct, Plaintiffs are barred from recovery therein by 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

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Plaintiff’s standing is based solely upon an invalid contract not properly assigned the

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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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3 of 5 _____________________________________________________________________________ GENERAL DENIAL ANSWER

Ninth Affirmative Defense

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Reservation of Defendants

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Defendant hereby reserves all defenses unknown at the time of filing this response. Dated: TODAYS DATE

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_____________________________ Timothy L. McCandless, Esq. Attorney for Defendant, DEFENDANT NAME

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4 of 5 _____________________________________________________________________________ GENERAL DENIAL ANSWER

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PROOF OF SERVICE 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, Martinez, California 94553, which is located in the county where the mailing described took place. On October 31, 2009, I served the foregoing document(s) described: DEFENDANT’S ANSWER

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Which were served upon:

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Attorney for Plaintiff

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xx I deposited the foregoing documents in the United States Postal Service. Executed on: Date , in Martinez, California.

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(State) XXXX I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (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. _______ BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the addressee(s) above.

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___________________________

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5 of 5 _____________________________________________________________________________ GENERAL DENIAL ANSWER