Answer Limited By Assignee 5KCal. Super. - 6th Dist.May 17, 201911 12 l3 '14 "20 21 22 23 24 25 26 27 28 PAUL K. MATTHEWS ' . - 2201 Bliss Avenue ' _ '- j i L E Milpitas, CA 95035 _ . (408) 799-5477 .~ JUL 15.12019 Defendant In Pro Per > ' ,Supe Clerk of the Court rior Court . SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA DOWNTOWN COURTHOUSE - LIMITED _C|V|L DIVISION CAVALRY SPV l, LLC as assignee 0f Case No.2 1QCV348260 SYNCHRONY BANK, ‘ I DEFENDANT’S ANSWER TO PLAINTIFF’S Plaintiff, COMPLAINT v. JULIE MATTHEWS, an individual; PAUL K. MATTHEWSV an individual; and DOES 1 to 10, Inclusive, Defendants. /. Defendant PAUL K. MATTHEWS, hereby answers the complaint of Plaintiff, CAVALRY SPV I LLC as assignee of SYNCHRONY BANK, as follows: 1. Pursuant to Code of Civil Procedure Section 431 .30(d), Defendant hereby gen'erally and specifically denies each and every allegation in the Complaint a_nd further specifically denies that Plaintiff has been damaged in any amount or sum whatsoever as a result of any act or omission of Defendant. 2‘. Iln addition, Defendant alleges the following separate and distinct affirmative defenses to'the‘causes of action set forth in the Complaint, which ate alleged upon Defendant’s Answer to Plaintiff‘s'Unver'ified Complaint 10 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 information and belief, and which may be amended or revised after a feasonable opportunity for fu'rther investigation and discovery. WHEREFORE, Defendant prays judgment as hereinafter set forth. AFFIRMATIVE DEFENSES 1. This answering Defendant alleges that the Complaint and each and every cause of action stated therein fails to_ state facts sufficient to constitute a cause of action or any cause of action against Defendant. 2. Defendant alleges that this action is time-barred by the applicable statute of limitations in the State of California. 3. Defendant alleges that on information and beliefthat as a result of Plaintiffs conduct, statements, and omissions, Plaintiff is estopped by action of law or conduct from maintaining the causes of action alleged in the Complaint. 4. The equitable doctrine of Iaches bars recovery by Plaintiff because Plaintiff has unreasonably delayed in filing its Complaint. 5. Plaintiff has failed to mitigate its alleged damages, thereby precluding or reducing Plaintiff’s right of recovery, if any, from Defendant. 6. Defendant alleges that Plaintiff breached the various agreements entered into. 7. This answering Defendant alleges that Plaintiff is barred from asserting the claims alleged in the Complaint by reason of the doctrine of unclean hands. 8. Defendant alleges that Plaintiff’s contract is usurious and unenforceable in violation of California law. Defendant alleges that the amount clairfied by Plaintiff has been inflated to include improper over-limit charges, finance charges and late payment fees inappropriately charged by Plaintiff. Defendant submits that these charges are unconscionable and to allow Plaintiff to collect these amounts would be inequitable. Defendant denies that Plaintiff is entitled to collect these sums under any contract with Defendant. Plaintiff has charged excessive interest, late fees and penalties, and Defendant has nbt been able to reduce the debt, making performance of any obligation impossible. Defendant’s Answer to Plaintiff‘s Unverified Complaint 10 11 12 13 l4 15 l6 18 19 20 21 22 23 24 25 26 27 28 9. Defendant alleges that Plaintiff’s claims may be barred by the Statute of Frauds (Cal. Code Civ. Proc. Section1624) because it is not in writing nor evidenced by a note in memorandum subscribed by the party to be charged. ’lO. Plaintiff lacks privity of contract with this answering Defendant. 11. This answering Defendant demands specific proof of the amounts claimed, and request a detailed ac‘counting by Plaintiff, including but not limited to all fees, changes in interest rate and associated reasons for such fees and changes. 12. Plaintiff‘s claims are barred, in whole or in part, by the doctrine of accord and satisfaction 13. The obligations of Defendant under the terms and conditions allowed have' been discharged by operation of law. 14. Plaintiff has engaged in conduct and activities and made statements sufficient to constitute a waiver and/or a release of any and all rights or claims that Plaintiff may have or may have had against Defendant arising from the transactions and occurrences set forth in the Complaint. 15. Defendant alleges on information and beliefthat Plaintiff’s claims for damages are barred to the extent that such damages sustained by Plaintiff, if any, were proximately caused by Plaintiff, or its agents or representatives, preventing Defendant’s performance. 16. Defendant alleges on information and belief that Plaintiffs acts or omissions con'stitute fraud and misrepresentations, which bars Plaintiff from any recovery herein. 17. Defendant alleges on information and beliefthat Plaintiffs claims are barred due to illegality. 18. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time. WHEREFORE, Defendant prays as follows: 1. That Plaintiff takes nothing by way of the Complaint, and that the Complaint be dismissed as against Defendant with prejudice; 2. That Defendant recovers costs, and reasonable attorney fees, if incurred; Defendant’s Answer to Plaintiff‘s Unverified Complaint 10 11 12 13 l4 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY MAIL | am a citizen of the United States over the age of eighteen years and not a party to or interested in the within entitled cause. My residence and/or business address is: | am readily familiar with the business practice for collection and processing of correspondence. On this date | caused a true copy of the following document to be served: ANSWER OF DEFENDANT T0 PLAINTIFF’S COMPLAINT [xx] MAIL: by placing the s'aid copy in a sealed envelope with first class postage thereon fully prepaid and causing the same to be deposited with US Postal Service on the same day inllthe ordinary course of business, addressed as set forth below. SERVICE LIST Joel Sherer; Esq. Mandarich Law Group P. O. Box 109032 Chicago, lL 60610 [xx] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. EXECUTED on July E2019, at Milpitas, California [WM (dim (Signdtu’re oQServer)” Defendant’s Answer to Plaintiff's Unverified Complaint 10 ll 12 l3 18 19 20 21 22 23 24 25 26 27 28 3. And for such other and further relief as the Court may deem fair, just, and proper. Dated: V7/H/[:Z Defendant’s Answer to Plaintiff‘s Unverified Complaint
