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SOL Multiple Affirmative Defenses?


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I am responding to a credit card base complaint, and I have several Affirmative Defenses (hopefully one will stick). A question for you credit buffs - Should I include two seperate Affirmative Defenses for each potential code - as in, should I state one defense based on SOL, California Code 337.1 which is 4 yrs for a written contract, and then state another defense based on SOL, Cali Code 339 which is for contracts not based on a written agreement (2 years)?

My thinking is that if they are able to prove a contract, but not show the evidence that it was written I can use the shorter SOL, but still have the 4yr to fall back on if they can prove it was a written contract.

Is this sound, or should I just stick the 4 years SOL?

Mind you - I have not done discovery yet and I really don't know if it is out of SOL or not, but in case it is I do want to preserve the defense in case it is in fact out.


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