scooter1027 Posted March 16, 2011 Report Share Posted March 16, 2011 Hi everyone, Just wanted to thank everyone for the wonderful information on this board. I am filing my answer to a Chase suit today. I posted in another section of the board "Arbitration" but thought I might get a little more response here. Here is my answer:Defendant’s Answer to ComplaintAll allegations were 'generally denied'. Orange County, CA uses its own forms so I just filled in and then attached this letter to my form.Attachment 3.b.(2).Allegation 3(: Admit (this was just the jurisdiction portion)Allegation 6: Denied: No paragraphs 4 or 5 exist in complaint so defendant therefore denies any reference allegations associated with reference to such paragraphs.Allegation 12: Denied: No paragraphs 4 or 5 exist in complaint so defendant therefore denies any allegations associated with reference to such paragraphs.Allegation 15: Denied: No paragraphs 4 or 5 exist in complaint so defendant therefore denies any allegations associated with reference to such paragraphs.FURTHERMORE, Defendant DENIES every other allegation not previously admitted or denied.Attachment 4.AS AND FOR AFFIRMATIVE DEFENSESDefendant generally denies each and every allegation in the Complaint. Also, the Defendant denies that the Plaintiff is entitled to the relief requested, or any relief. Defendant also generally denies that Plaintiff has been damaged or will be damaged in the sum of the damages plead. Hence, is not entitled to attorney’s fees plead in the complaint. In addition, the complaint for damages is speculative, at best. Therefore, plaintiff is not entitled to any relief. Defendant asserts the following affirmative defenses:1. Unjust enrichment: The court would unjustly enrich the plaintiff by granting the relief sought herein.2. Plaintiff has failed to cite an actual state law that has allegedly been violated.3. Failure to mitigate damages: Plaintiff has failed to mitigate alleged damages, and should therefore be barred from relief.4. Lack of Privity: Plaintiff is barred from relief due to lack of privitiy; plaintiff did not produce a contract attached to their complaint.5. Statute of Frauds: Plaintiff is barred from relief due to the Statute of Frauds. The plaintiff did not attach a contract to the complaint.6. Attorney’s Fees not Recoverable: As no contract, allowing such provision, was attached to complaint NOR has plaintiff won the case, attorney’s fees are not recoverable.Crossing my fingers that the clerk doesn't send me back home to correct anything. I am considering filing a Motion to Compel arbitration, but I am wishy-washy on this one. The history of the court here doesn't seem to rule in favor of the consumer in these cases. I am also considering filing a motion for discovery at the same time I file my answer. Does anyone have any input? I don't think I will completely win my case - meaning they will probably get SOME money, just not all they are asking because it is completely wrong. So I am wondering if I am better served going to arb, saving on court fees and hopefully coming to an agreement for a lower amount.Thanks again - you are all so helpful! Link to comment Share on other sites More sharing options...
skippy1960 Posted March 17, 2011 Report Share Posted March 17, 2011 Scooter,I hope your filing went well, by doing so you have bought some additional time to learn how best to proceed in your situation. Link to comment Share on other sites More sharing options...
scooter1027 Posted March 18, 2011 Author Report Share Posted March 18, 2011 Hi skippy,I actually didn't file yet. Still have about a week. I had a question - do I need to file anything else with my answer? Or just the answer w/defenses, see what happens?Thanks! I would like to file tomorrow (in case I made a mistake and the clerk tells me to fix it), so if you have the time to answer tonight, I would be really grateful!thx,scooter1027 Link to comment Share on other sites More sharing options...
skippy1960 Posted March 18, 2011 Report Share Posted March 18, 2011 In my county here is what you need to bring-1. Answer with Denials and affirmative defenses 2. Proof of Service Documents-Be sure to sign all documents and bring 3 copies of each, the will time stamp. One will stay with the court, one you will send to plaintiffs attorney, one for your files.Be sure on Proof of Service you have someone other than yourself mail it, I usually use California Legal Forms POS-030, proof of service by first class mail.If you sign one copy in blue ink, makes it easier for court clerks to determine the wet signature for the court.Finally, you will need to pay to file your answer unless you qualify for a waiver, make sure you have the money or waiver forms completed....Good Luck Link to comment Share on other sites More sharing options...
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