Affirmative Defenses?

[skippy1960]

Every situation is different, but it appears to me that most that are successful on this forum are because they were able to pick apart the plaintiff's evidence/case and not because they had a good affirmative defenses....think that's a fair assumption?

As Colt has posted also, this is exactly right what you posted. Now that you have that understanding and time because you have filed an answer it is time to learn!!!!!

You need to get a moderate understanding of the California Rules of Civil Procedure and your Rules of Court. Here is why, as bad as the evidence maybe that your plaintiff has regarding this account. They do have resonably strong knowledge and understanding of civil procedure in most instances. They will try to use this so that you miss a deadline.

Remember this- Their business model will not work if every suit they file the defendant answers the complaint. But even with 5% answering they have a business model for those that answer.

They have a predertermined set of steps and tatics to employ. First of which is "if you don't have the right evidence to prove your case" who do you get it from, "THE DEFENDENT" via Requests for Addimission and Interoggatories. Important to understand what these are and how to use and answer them.

So as I mentioned before begin to reserch and review threads on this subject along with "Bill of Particulars" this will be what you will need to file next. Review CALawyers posts on Bill of Particulars".

Getting through the fear of fighting is the big battle, when your little voice is saying "you can't do this". That voice is wrong most of us hear have felt just that and the ones than move it aside and learn, can have successful outcomes.

Finally, each person is different and success for me, may not be success for you. Meaning some want an outright victory in court, some want to file enough motions and drag the process on long enough to get a reduced settlement offer or have them walk away with dismissed without prejudice. So you need to choose your goal and remember what it is, and then ask for help to get there, don't let the board determine what outcome you want....