Answerresponsedenialdemurrer__first_appearanceResponseCal. Super. - 2nd Dist.December 8, 2017PLD-C-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE: (619) 727-8997 FOR COURT USE ONLY: Adrieannette Ciccone SBN #296996 LE CTR ONICALLY F ILED Law Offices of Robert S. Gitmeid & Assoc., buperior Court of Californja ATTORNEY FOR (NAME): Ana Campos Darrel E. Parker, E xecutie Officer 8/31/2017 12:52 PM By: Sharon Leyden, Deputy Insert name of court, judicial district or branch court, if any, and post office and street address: Superior Court of California, Santa Barbara County 115 Civic Center Plaza Lompoc, CA 93436 f g 11 Broadway Street, Suite 1515 New York, NY 10004 County of Santa Barbara [ ¢ i PLAINTIFF: Bank of America, N.A. DEFENDANT: Ana Campos ANSWER—Contract CASE NUMBER: TO COMPLAINT OF (name): Bank of America, N.A. FiGkaaTio [1 TO CROSS-COMPLAINT (name): 1. This pleading, including attachments and exhibits, consists of the following number of pages: 2 2. DEFENDANT (name): Ana Campos answers the complaint or cross-complaint as follows: 3. Check ONLY ONE of the next two boxes: a. Defendant generally denies each statement of the complaint or cross-complaint. (Do not check this box if the verified complaint or cross-complaint demands more than $1,000.) b. [__] Defendant admits that all of the statements of the complaint or cross-complaint are true EXCEPT: (1) Defendant claims the following statements are false (use paragraph numbers or explain): [1 Continued on Attachment 3.b.(1). (2) Defendant has no information or belief that the following statements are true, so defendant denies them (use paragraph numbers or explain): [1 Continued on Attachment 3.b.(2). if this form is used to answer a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 10f2 Form Approved for Optionat Use C Code of Civil Procedure, § 425.12 Judicial Council of California ANSWER ontract www.courtinfo.ca.gov PLD-C-010 [Rev. January 1, 2007] PLD-C-010 SHORT TITLE: CASE NUMBER: Bank of America, N.A. VS Ana Campos 17CV03119 ANSWER—Contract 4. AFFIRMATIVE DEFENSES Defendant alleges the following additional reasons that plaintiff is not entitled to recover anything: Ambiguity- Plaintiff did not clearly state the amount or the issue(s) in this case. Unclean Hands. Unjust Enrichment- Plaintiff would receive more money than it deserves if it wins. Invalid/Illegal Contract-The contract is invalid/illegal and cannot be enforced because of fraud, deceit, or misrepresentation- All or part of the contract or transaction resulted from fraud, deceit, or misrepresentation by Plaintiff or another party. Invalid/Illegal Contract-The contract is invalid/illegal and cannot be enforced because of lack of acceptance. Invalid/Ilegal Contract-The contract is invalid/illegal and cannot be enforced because of lack of consideration. Invalid/lllegal Contract-The contract is invalid/illegal and cannot be enforced because of mistake. Waiver. Standing- Plaintiff is not who I entered the Contract with and it did not provide a copy of an agreement which shows it is the legal owner of the alleged debt and the right to bring this cause to collect the debt. Failure to state a case of action, Plaintiff failed to state an essential element for: Breach of contract: it did not state the specific date the contract was entered into/ it did not state the specific date the contract was breached/not complied with. No Damage to Plaintiff. Usury-Cal. Civ. Code §§ 1914.12.2 1916.12.2. Lack of Jurisdiction. Plaintiff failed to give credit for payments made. Failure of validation of debts § 1692g § 809. C1] Continued on Attachment 4. 5. [1 Other 6. DEFENDANT PRAYS a. that plaintiff take nothing. b. for costs of suit. c. [] other (specify): Adrieannette Ciccone (Type or print name) _ (Signature of party or attorney) PLD-C - 010 {Rev. January 1, 2007} ANSWER ontract Page 2 of 2
