Answer Limited Up to 10K

Cal. Super. - 6th Dist.March 18, 2021

21 CV379048 Santa Clara - Civil PLD-WQhavez ATTORN_EY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): _ Leslle Ann L. Dunn, Esq. (#167755) National Litigation Law Group, LLP 2401 Northwest Twenty-Third Street ,Suite 42 Oklahoma City, OK 73 107 TELEPHONE N05 (404) 793-0346 FAX No. (Optional): (404) 341-9257 E-MAIL ADDRESS (Optional): ldunn@nat10nllt.00m ATTORNEY FOR (Name): DaVid M sousa Jr FOR COURT USE ONLY Electronically Filed 3y Superior Court of CA, Bounty of Santa Clara, 3n 5/1 3/2021 1:40 PM Reviewed By: Y. Chavez SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara Base #21 CV379048 STREET ADDRESS: 191 N. FiI‘St Street MAILING ADDRESS: 191 N. FiI‘St Street CITY AND ZIP CODE: San JOSE, CA 95 1 13 BRANCH NAME: Main Courthouse Envelope: 6439703 PLAINTIFF/PETITIONER: DiSCOVCI‘ Bank DEFENDANT/RESPONDENT: DavidM Sousa Jr CASE NUMBER: GENERAL DENIAL 21cv379048 If you want to file a general denial, you MUST use this form if the amount asked for in the complaint or the value of the property involved is $1 ,000 or less. You MAY use this form for a general denial if: 1. The complaint is not verified; or 2. The complaint is verified and the case is a limited civil case (the amount in controversy is $25,000 or less), BUT NOT if the complaint involves a claim for more than $1 ,000 that has been assigned to a third party for collection. (See Code of Civil Procedure sections 85-86, 90-100, 431 .30, and 431 .40.) 1. DEFENDANT (name): DavidM Sousa Jr generally denies each and every allegation of plaintiff's complaint. 2. DEFENDANT states the following FACTS as separate affirmative defenses to plaintiff's complaint (attach additional pages if necessary): . Plaintiff fails t0 state a claim 0n which relief can be granted. . Plaintiff” s action is barred by accord and satisfaction. . Plaintiff’s action is barred by failure 0f consideration. . Plaintiff” s action is barred by illegal 0r unenforceable contract. . Plaintiff” s action is barred by Violation 0f the duty 0f good faith and fair dealing. . Plaintiff” s action is barred by lack ofjurisdiction over the subject matter. . Plaintiff’s action is barred by its failure t0 validate the debt. . Plaintiff’s action is barred as this is not an action 0n an open account. . Plaintiff‘s action is barred by its arbitration clause. \OOONONUI-hUJNt-t Date: 05/1 1/2021 Leslie Ann L. Dunn, Esq. (TYPE OR PRINT NAME) >W (SIGNATURE OF DEFENDANT OR ATTORNEY) If you have a claim for damages or other relief against the plaintiff, the law may require you to state your claim in a special pleading called a cross-complaint or you may lose your right to bring the claim. (See Code of Civil Procedure sections 42610-42640.) The original of this General Denial must be filed with the clerk of this court with proof that a copy was served on each plaintiff's attorney and on each plaintiff not represented by an attorney. There are two main ways to serve this General Denial: by personal delivery or by mail. It may be served by anyone at least 18 years of age EXCEPT you or any other party to this legal action. Be sure that whoever serves the General Denial fills out and signs a proof of service. You may use the applicable Judicial Council form (such as form POS-OZO, POS-030, or POS-040) for the proof of service. Page 1 of 1 Code of Civil Procedure, §§ 431 .30, 431.40 www.courtinfo.ca.gov Form Adopted for Mandatory Use Judicial Council of California PLD-050 [Rev. January 1, 2009] GENERAL DENIAL MC-025 SHORT TITLE: CASE NUMBER:- Discover Bank vs. David M Sousa Jr 21CV379048 ATTACHMENT (Number): 2 (This Attachment may be used with any Judicial Council form.) 10. Plaintiff” s action is barred by payment. 11. Plaintiff’s action is barred by reason 0f its Violations 0f Fair Debt Collection Practices act and other federal laws. 12. Plaintiff’s action is barred by setoff. WHEREFORE, Defendant requests that the Plaintiffs Complaint be dismissed with prejudice, and that this Court award reasonable costs, including a reasonable attorney's fee, incurred by reason 0f this action, and for such other and further relief t0 which the Court may deem Defendant entitled. (If the item that this Attachment concerns is made under penalty ofpeljury, all statements in this Page 2 of 2 Attachment are made under penalty ofpeljury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT www.courtinfo.ca.gov Judicial Council of California MC-ozs [Rem July 1, 20091 to Judicial Council Form 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NATIONAL LITIGATION LAW GROUP, PLLC 42 SHEPHERD CENTER 2401 NW 23KB ST. OKLAHOMA CITY,OK 73107 PROOF OF SERVICE I declare that I am over the age 0f eighteen years and not a party to this action. I am employed in the County 0f Oklahoma and my business address is 2401 Northwest Twenty-Third Street, Suite 42, Oklahoma City, Oklahoma 73 107 I served the attached document(s) on May 11, 2021: General Denial on the following parties: Jessica Garcia, Esq. Zwicker & Associates 1320 Willow Pass Road, Suite 730 Concord, CA 94520 Attorneyfor Plaintiff BY FIRST-CLASS MAIL: I am readily familiar with my employer’s practice for the collection and processing 0f correspondence for mailing with the U.S. Postal Service. In the ordinary course 0f business, correspondence would be deposited With the U.S. Postal Service 0n the day 0n which it is collected. On the date written above, following ordinary business practices, Iplaced for collection and mailing a copy of the attached document in a sealed envelope, with postage fully prepaid, addressed as shown 0n the service list. I am aware that 0n motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date 0f deposit for mailing contained in this declaration. BY FACSIMILE: On the date written above, I caused a copy 0f the attached document to be transmitted t0 a fax machine maintained by the person 0n whom it is served at the fax number shown 0n the service list. That transmission was reported as complete and Without error and a transmission report was properly issued by the transmitting fax machine. BY HAND DELIVERY: On the date written above, I placed a copy 0f the attached document in a sealed envelope, with delivery fees paid 0r provided for, and arranged for it t0 be delivered by messenger that same day to the office of the addressee, as shown on the service list. BY OVERNIGHT MAIL: I am readily familiar with my employer’s practice for the collection and processing of correspondence for overnight delivery. In the ordinary course of business, correspondence would be deposited in a box 0r other facility regularly maintained by the express service carrier or delivered t0 it by the carrier’s authorized courier 0n the day 0n Which it is collected. On the date written above, following ordinary business practices, I placed for collection and overnight delivery a copy 0f the attached document in a sealed envelope, With delivery fees prepaid or provided for, addressed as shown on the service list. I declare under penalty 0f perjury under the laws of the State 0f California that the foregoing is true and correct and that this document was executed on May 11, 2021, at Oklahoma City, Oklahoma. M$( Lili Acevedb Paralegal -1- PROOF OF SERVICE