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(Name, Address Of Party or attorney)
____________
____________
____________
State Bar No: ______
(____) _____ - ________
Attorney for _______ (Or "In Pro Per")
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF ________
- [PLAINTIFF(S) NAMES]
- Plaintiffs,
- v.
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- [DEFENDANT(S) NAMES]
- Defendants
- _______________________________
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- CASE NO: _______
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- ANSWER TO CROSS-COMPLAINT
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COMES NOW the cross-defendant, ____,
for himself alone and in answering the allegations of the cross-complaint
on file herein, affirms, denies, and alleges as follows:
<>. Answering the allegations
of Paragraph ___ of the cross-complaint, cross-defendant___ incorporate___
herein ___ answers to Paragraphs ___ through ___ of cross-complainant's
purported ___ Cause of Action the same as though fully set out
herein at length.
<>. Answering the allegations
of Paragraph__, cross-defendant__ admit___ each and every allegation
contained in said Paragraph__.
<>. Answering the allegations
of Paragraph__ , cross-defendant__ admit ___. Except as heretofore
admitted, cross-defendant__ deny__ each and every remaining allegation
contained in said Paragraph__.
<>. Answering the allegations
of Paragraph__ ___ of the cross-complaint, cross-defendant__
deny__ each and every allegation contained in said Paragraph__.
<>. Answering the allegations
of Paragraph__ , cross-defendant__ allege__ that ___ ___ no information
or belief sufficient to allow ___ to answer and so ___ deny__
each and every allegation contained in said Paragraph__
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
(Failure to State a Cause of
Action)
<>. These answering _____s allege
that the ____ each and every Cause of Action therein fails to
state a Cause of Action.
SECOND AFFIRMATIVE DEFENSE
(Unclean Hands)
<>. These answering cross-defendants
allege that to the extent the ______ seeks equitable relief,
______s' inequitable conduct constitutes unclean hands and therefore
bars the granting of relief to _______ herein.
THIRD AFFIRMATIVE DEFENSE
(Anticipatory Repudiation)
<>. These answering ___s are informed
and believe and on such information and belief allege that ____s
breached their contract, if any, with ___, and that by reason
of said breach of contract, ____ have been excused of their duties
to perform all obligations set forth in said contract.
FOURTH AFFIRMATIVE DEFENSE
(Offset)
<>. These answering ___s allege
that they have suffered damage by reason of ____ conduct; that
they have the right of offset if any amount of money is owed
to ___s or due ____s by way of damage.
FIFTH AFFIRMATIVE DEFENSE
(Waiver)
<>. These answering ___s are informed
and believe and on such information and belief allege, that ___s
were engaged in conduct that constitutes a waiver of their rights
under the contract alleged in the ___. By reason of said waiver,
___s are excused from further performance of the obligations
under the alleged contract.
SIXTH AFFIRMATIVE DEFENSE
(Release)
<>. These answering ___s allege
that ___'s actions constituted a full release and waiver by ___s
of any and all claims which ___s may have against ___s.
SEVENTH AFFIRMATIVE DEFENSE
(In Pari Delicto)
<>. These answering ___s allege
that the ___s herein and each and every purported Cause of Action
in the ___ are barred because ___s have engaged in acts and courses
of conduct which rendered them in pari delicto.
EIGHTH AFFIRMATIVE DEFENSE
(Equitable Estoppel)
<>. These answering ___s allege
that the ___s herein, and each and every Cause of Action contained
in the ___, are barred by reason of acts, omissions, representations
and courses of conduct by ___s by which ___s were led to rely
to their detriment, thereby barring, under the doctrine of equitable
estoppel, any Causes of Action asserted by the ___s.
NINTH AFFIRMATIVE DEFENSE
(Condition Precedent)
<>. These answering ___s allege
that performance by these ___s of certain acts were contingent
upon receipt of specific instructions or otherwise properly directed
any action which supposedly were to be undertaken by these ___s,
thus ___'s authority, direction and cooperation was a condition
precedent to any alleged-obligation-by-these ___s to perform
such acts.
TENTH AFFIRMATIVE DEFENSE
(Contributory Negligence)
<>. These answering ___s are informed
and believe and thereon allege that the damages referred to in
the ___ by ___s were proximately caused by the ___s and/or others
affiliated in any manner with ___s in that at all times relevant
herein, ___s, failed to exercise for their own protection the
proper care and precautions which prudent persons under the same
and similar circumstances would have exercised and that if these
answering ___s committed any wrongful act at all (which supposition
is made for the purpose of their defense without admitting such
to be a fact), the aforesaid conduct of ___s and/or entities
or persons associated in any manner with the ___s contributed
to the happenings of ___'s alleged damages.
ELEVENTH AFFIRMATIVE DEFENSE
(Statute of Frauds)
<>. These answering ___s allege
that the ___ is barred by the provisions of Section 1624 of the
Civil Code, i.e., the Statute of Frauds.
TWELFTH AFFIRMATIVE DEFENSE
(Failure of Consideration)
<>. These answering __s allege
that the __s herein and each and every purported Cause of Action
in the ___ are barred as a result of a failure of consideration.
THIRTEENTH AFFIRMATIVE DEFENSE
(Substantial or Partial Performance/Divisibility)
<>. These answering ___s are informed
and believe and on such information and belief allege that the
contract alleged in the ___, if any, has been substantially and/or
partially performed, and as such, is subject to divisibility.
FOURTEENTH AFFIRMATIVE DEFENSE
(Failure to Mitigate)
<>. These answering ___s are informed
and believe and thereon allege that ___s has failed to mitigate
and lessen damages, if any it sustained, as required by law,
and are barred from recovery by reason thereof against ___s.
FIFTEENTH AFFIRMATIVE DEFENSE
(Apportionment)
<>. These answering ___s are informed
and believe and thereon allege that the matters complained of
in the ___ were proximately caused, in whole or in part, by the
acts or omissions of a third party or parties or ___s. Accordingly,
the liability of the ___s and responsible parties, named or unnamed,
should be apportioned according to their respective degrees of
fault or other legal responsibility, and the liability, if any,
of these answering ___s should be reduced accordingly.
SIXTEENTH AFFIRMATIVE DEFENSE
(Modification)
<>. These answering ___s are informed
and believe and thereon allege that the contract in question,
if any, was modified by the parties, and that ___s are barred
from recovery on the unmodified original contract, if any, by
reason of said modification.
SEVENTEENTH AFFIRMATIVE DEFENSE
(Substituted Contract)
<>. These answering ___s are informed
and believe and thereon allege that a new contract were substituted
in place of the original contract, if any, and that ___s are
barred from recovery on the original contract, if any.
EIGHTEENTH AFFIRMATIVE DEFENSE
(Mutual Mistake)
<>. These answering ___s are informed
and believe and thereon allege that if there presently exists
or ever existed, any or all of the alleged rights, claims or
obligations which ___s seeks by way of their ___, said claims
or obligations are unenforceable by reason of mutual mistake.
NINETEENTH AFFIRMATIVE DEFENSE
(Agreement is Not Fully Integrated)
<>. These answering ___s are informed
and believe and thereon allege that if there presently exists
or ever existed, any or all of the alleged rights, claims or
obligations which ___s seeks by way of their ___, said claims
or obligations are unenforceable because the written agreement
is not fully integrated.
TWENTIETH AFFIRMATIVE DEFENSE
(Assumption of the Risk)
<>. These answering ___s are informed
and believe and thereon allege that if there presently exists
or ever existed, any or all of the alleged rights, claims or
obligations which ___s by way of their ___, said claims or obligations
are unenforceable because ___s assumed the risk involved in the
transaction.
TWENTY-FIRST AFFIRMATIVE DEFENSE
(Statute of Limitations)
<>. These answering ___s are informed
and believe and thereon allege that if there presently exists
or ever existed, any or all of the alleged rights, claims or
obligations which ___s seeks by way of its ___, each and every
cause of action in the ___ is barred by the applicable sections
of the California Code of Civil Procedure.
WHEREFORE, cross-defendant__ pray__
that cross-complainant__ take nothing by __ cross-complaint and
that cross-defendant__ have judgment against cross-complainant__
and recover costs of suit herein incurred, and such other relief
as the court may deem proper.
DATED: _______________ _________________________________
VERIFICATION
I, ___, am a ___in the above-entitled
action. I have read the foregoing ___and know the contents
thereof. The same is true of my own knowledge, except as to those
matters which are therein alleged on information and belief,
and as to those matters, I believe it to be true.
I declare under penalty of perjury that
the foregoing is true and correct and that this declaration was
executed at Long Beach, California.
DATED: _________________ ___________________________________
