Defendant received the Plaintiff's Complaint on or about December 1, 2005. AFFIRMATIVE DEFENSES AND COUNTERCLAIM The Defendants, JAVIER ARRIETA AND CARMEN BRAVO, by and through the undersigned Counsel files Answer and Affirmative Defenses and state: 1. AFFIRMATIVE DEFENSES First Affirmative Defense 1. The Defendants admit the allegations as set forth in paragraphs 3 and 4 of the Complaint. Primary Sidebar. View a sample answer and affirmative defenses for ideas on drafting yours: Answer and Affirmative Defenses--Sample. In personal injury law, an affirmative defense is a set of facts, which, if proven by the defendant, mitigates the legal consequences of the defendant’s unlawful conduct against the plaintiff.These defenses can be based on the specific facts of the case or can arise from the governing law. The Affirmative Defenses (Attachment 4) form describes the most common Sample Motions, Forms, Affirmative Defenses. Acts of God. . These are called “affirmative defenses.” There many affirmative defenses available. Get Our Free 5-Day Course to Your Inbox. Justia - California Civil Jury Instructions (CACI) (2020) 337. We … This field is for validation purposes and should be left unchanged. If you think this affirmative defense applies to you, and you want to enforce an arbitration clause in the contract which is the subject of the lawsuit, filing an answer alone, without filing a petition to compel arbitration at the same time, may cause you to waive your right to … Sample Motions, Forms, Affirmative Defenses Followers 2. The Complaint fails to state a claim upon which relief may be granted. For example, consider a case where the complaint only alleges a cause of action for breach of contract, but the answer comes back with numerous tort defenses. VI. . If you need help with affirmative defenses to a California breach of contract case, you can post your legal need on UpCounsel's marketplace. Defendant is informed and believes and, based thereon, alleges that the damages complained of in Plaintiff's Complaint, if any, resulted from an unforeseeable act of God, thereby barring, either partially or totally, Plaintiff's claimed damages. Email * Email. In your Answer, you can present information or evidence that reduces or eliminates your liability, even if the allegations in the complaint are true. Third Affirmative Defense 1. Search . Here is a sample template with an answer and affirmative defenses in regard to a claim for federal copyright infringement in the Northern District of California ... (ex. Affirmative Defense - Novation - Free Legal Information - Laws, Blogs, Legal Services and More FACTS. 1. TENTH AFFIRMATIVE DEFENSE (Acts of God) 10. Affirmative Defenses (Attachment 4). Plaintiff’s claims are barred, in whole or in part, by the applicable statute of limitations. 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