Answer Limited Up to 10KCal. Super. - 6th Dist.August 11, 2020\OwflONUIhUJNfl NNNNNNNNNHHHHHHHHHH “\IQMhMNHwaQQMhMNHG Electronically Filed Cody R. LeJeune (SBN 249242) by SUPEV'” cw” °f CA, cody@lejeunelawfirm.com county Of santa Clara! LEJEUNE LAW, PC on 9/21/2020 11:27 AM 2801 Camino Del Rio South Reviewed By: R. Tien Suite 200A Case #20CV369336 San Dlegoa CA 92108 Envelope: 4965933 Phone: (985) 713-4964 Attorney for Defendant SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA CITITBANK, N.A. CASE NO. 20CV369336 Plaintiff, ANSWER TO PLAINTIFF’S COMPLAINT FOR DAMAGES V. HARDEEP KAUR Defendant I. INTRODUCTION COMES NOW, Defendant Hardeep Kaur (“Defendant”), by and through counsel, for an answer to the Complaint for Damages filed herein on August 11, 2020 by Citibank, N.A. (“Plaintiff’) and answers as follows: Pursuant to California Code 0f Civil Procedure section 431.30, this answering Defendant generally denies each and every allegation 0f said Complaint for Damages, and the whole thereof, and each and every allegation 0feach and every cause 0faction alleged therein, and further expressly denies that as a direct 0r proximate result 0f any acts 0r omissions on the part of this answering Defendant, Plaintiff herein sustained or suffered injury 0r damage in the amount alleged in the Complaint for Damages, 0r in any amount at all, or that Plaintiff has suffered injury or damage for any reason in the sums alleged in the Complaint for Damages, 0r in any other sum 0r sums, 0r at all. Defendant further raises the following affirmative defenses in response t0 Plaintiff” s Complaint for Damages: 1 Answer t0 Plaintiff s Complaint for Damages \OwflONUIhUJNfl NNNNNNNNNHHHHHHHHHH “\IQMhMNHwaQQMhMNHG FIRST AFFIRMATIVE DEFENSE (Failure to State a Cause 0f Action) 1. The Complaint fails to state a claim against Defendant upon Which relief can be granted as to all causes of action. SECOND AFFIRMATIVE DEFENSE (Unclean Hands) 2. Defendant raises the defense of unclean hands as t0 all causes of action. THIRD AFFIRMATIVE DEFENSE (Failure to Mitigate Damages) 3. Defendant asserts that Plaintiff failed to mitigate its damages as they relate t0 its Complaint and all causes 0f action. FOURTH AFFIRMATIVE DEFENSE (Failure to Join a Necessary Party) 4. Defendant assets the defense that Plaintiff has failed t0 join a necessary party as t0 all causes of action. FIFTH AFFIRMATIVE DEFENSE (Setoff) 5. Defendant asserts the defense of setoff as to any amounts sought by Plaintiff as to all causes 0f action. SIXTH AFFIRMATIVE DEFENSE (Failure to Perform Condition or Conditions Precedent) 6. Defendant raises the defense that the Plaintiff failed t0 meet certain conditions precedent t0 its right t0 file the present action as it applies t0 all causes 0f action. SEVENTH AFFIRMATIVE DEFENSE (Usury) 7. Defendant asserts the defense 0f usury as t0 all causes 0f action. EIGHTH AFFIRMATIVE DEFENSE (Justification) 2 Answer t0 Plaintiff s Complaint for Damages \OwflONUIhUJNfl NNNNNNNNNHHHHHHHHHH “\IQMhMNHwaQQMhMNHG 8. Defendant asserts the defense ofjustification as to all causes of action. NINTH AFFIRMATIVE DEFENSE (Unconscionability and Waiver) 9. Defendant asserts the defense of unconscionability and waiver as t0 all causes 0f action. TENTH AFFIRMATIVE DEFENSE (Implied and Equitable Release) 10. Defendant asserts the defense of implied and equitable release by Plaintiff as to all causes 0f action. ELEVENTH AFFIRMATIVE DEFENSE (Good Faith) 11. Defendant asserts the defense 0f good faith as t0 their conduct in actions as t0 all causes 0f action. TWELFTH AFFIRMATIVE DEFENSE (Lack 0f PriVity) 12. Defendant asserts the defense of lack 0f privity as t0 all causes 0f action. THIRTEENTH AFFIRMATIVE DEFENSE (No Right to Attorney’s Fees) 13. Defendant asserts the defense that attorney’s fees are not recoverable as the underlying agreement does not contain an attorney’s fees provision. FOURTEENTH AFFIRMATIVE DEFENSE (Complete Performance) 14. Defendant asserts the defense of complete performance as Defendants have fully performed their obligations and are discharged of all duties owed. FIFTEENTH AFFIRMATIVE DEFENSE (Other Defenses) 15. Defendant reserves the right t0 amend this Answer to add in additional affirmative defenses that may later be discovered based upon new facts discovered through the course 0f this lawsuit. 3 Answer t0 Plaintiff s Complaint for Damages \OwflONUIhUJNfl NNNNNNNNNHHHHHHHHHH “\IQMhMNHwaQQMhMNHG 16. Defendant denies all allegations not herein specifically admitted, denied, 0r controverted. WHEREFORE, Defendant prays as follows: A. That the Complaint filed herein be dismissed against Defendant with prejudice; B. For statutory damages permitted by law; C. This Court award Defendant such other and further relief as this Court deems just and proper. Date: September 21, 2020 By; 443% Cody R. LeJeune, Esq. LEJEUNE LAW, PC Attorney for Defendant 4 Answer t0 Plaintiff s Complaint for Damages \OwflONUIhUJNfl NNNNNNNNNHHHHHHHHHH “\IQMhMNHwaQQMhMNHG PROOF OF SERVICE Citibank, N.A. v. Hardeep Kaur Case N0. 20CV369336 STATE OF CALIFORNIA, COUNTY OF SANTA CLARA At the time 0f service, Iwas over 18 years 0f age and not a party to this action. I am employed in the County 0f San Diego, State of California. My business address is 2801 Camino Del Rio South, Suite 200A, San Diego, California 92108. On September 21, 2020 I served a true copy 0f the document described as ANSWER TO PLAINTIFF’S COMPLAINT FOR DAMAGES 0n the interested parties in this action as follows: Michael S. Hunt, Esq. Attorneysfor Plaintiff Janalie Henriques, Esq. Citibank, N.A. Keri L. Salet, Esq. Hunt & Henriques 151 Bernal Road, Suite 8 San Jose, CA 951 19 BY MAIL: I deposited the documents in a sealed envelope 0r package addressed to the persons listed above, with the postage fully prepaid. X BY E-MAIL: I served the document(s) Via e-mail transmission t0 the party listed above at the e-mail address listed above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on September 21, 2020 at Encinitas, California. By: I@flk Cody R. LeJeune
