General Denial Limited 10K

Cal. Super. - 6th Dist.April 27, 2021

PLD-OSO ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. Sire Barmber. end address}: - Averi Pavese . 7840 Hanna ST. Apt. G Gilroy, CA 95020 TELEPHONE N0; (831) 596-0314 FAX NOV (optional): E.MAIL ADDRESS {0pm}.- AITORNEY FOR (Name).- I“ Pm Per SUPERIOR COURT 0F CALIFORNIA, COUNTY OF STREETADDRESS: 191 N. First street MAILING ADDRESS: crrYAND ZIP coma: San Jose, CA 95113 BRANCH NAME: DTS PLAINTIFFIPETITIONER: Bank 0f America- N-A- DEFENDANT/RESPONDENT; Averipavese CASE 1: GENERAL DENIAL ”UMBER 2101380969 You MUST use this form for your general denial it the amount asked for in the complaint or the value of ihe property involved is $1 .000 or less. You MAY use this form if: 1. The complaint Is not verified. or 2. The complaint is verified. and the case is a limited civiI case with the amount in controverSy $25,000 or less. EXCEPT You MAY NOT use Ihis form if the complaint is verified and involves a claim for more than $1 .000 that has been assigned to a third party for coilection. (See Code of Civil Procedure sections 85-86. 90-100, 431 .30. and 431.40.) 1. DEFENDANT (name) Averi Pavese generauy denies each and every allegation of plaintiff's complaint. 2. m DEFENDANT states the following FACTS as separate affirmative delenses t0 plaintiff‘s complaint {attach additional pages if necessary): See Attached Date: 10/1 2/2021 Averi Pavese ’ (TYPE 0R PRINT NAME) (SIGNATURE 0F DEFENDANT OR ATI'ORNEY) lf you have a claim for damages or other relief against the plaintifl. the law may require you t0 state your claim in a speciai pleading called a cross-complainz or you may lose your right to bring the claim. (See Code of Civil Procedure sections 42610-42640.) The original of this General Deniairmust be filed with the clerk of this court witfi 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 Genera! Deniah by personal delivery or by mail. It may be served by anyone at least 18 years of age EXCEPT you 0r any other party to this legal action. Be sure whoever serves the General Denial fills ou1 and signs a proof of service. You may use the applicable Judicial Council form (such as form POS-OZO. POS-O30, or POS-O40) for the proof of service. j fimgspéfimafimw GENERAL DENIAL - °°“°‘” °’”” Wmmafig‘o‘: PLD-OSO [Rem January 1. 2009] 3 KOOOQQthbJNH N N N N N N N N N --‘ nu --- --- »-- p-t >-t ra- p»: m 00 \J a L11 A UJ N '-‘ O G 00 Q ON LI! b DJ N H Q ATTACHMENT 1 TO GENERAL DENIAL (Failure to State a Cause 0f Action) AS AND FOR A FIRST AND SEPARATE AFFIRMATIVE DEFENSE, Defendant alleges that the complaint and Each cause of action thereof fails t0 state a cause 0f action. (Statute ofLimitations) AS AND FOR A SECOND AND SEPARATE AFFIRMATIVE DEFENSE, Defendant alleges that each and every pause of action is barred by the applicable statute of ‘ limitations. (Latches) AS AND FOR A THIRD AND SEPARATE AFFIRMATIVE DEFENSE, Defendant alleges that each and every cause 0f action is barred by the doctrine of latches (Failure to Exhaust Remedies) AS AND FOR A FOURTH AND SEPARATE AFFIRMATIVE DEFENSE, Defendant alleges that Piaintifi has failed to exhaust administrative and/or contractual remedies. (Rescission) AS AND FORA FIFTH AND SEPARATE AFFIRMATIVE DEFENSE, Defendant alleges-that the underlying contract - ifany - was rescinded or is subject t0 rescission pursuant to each of the subsections of Cal. Civil Code §1689(b), including but not limited to fraud in the inducement, duress, and mistake. DEFENDANT’S ATFACHMENT TO GENERAL DENIAL Ll.) Om 4‘0 U1 k 10 11 12 13 l4 15 l6 17 18 19 20 22 23 24 25 26 27 (Payment) AS AND FOR A SIXTH AND SEPARATE AFFIRMATIVE DEFENSE, Defendant alleges that the amount owing on the contract, if any, was paid in fiJlI 0r in part. (OfiSet/Recoupment) AS AND FOR A SEVENTH AND SEPARATE AFFIRMATIVE DEFENSE, Defendant alleges that Plaintifs claims are offset by any damages recoverable by Defendant The amount of offset which Defendants are entitled t0 recoup will be according to proof at trial. (Waiver) AS AND FOR AN EIGHTH AND SEPARATE AFFIRMATIVE DEFENSE, Defendant alleges that Plaintiff has waived - in whole or in part - its right to recover 0n the alleged contract. (Estoppel) AS AND FORA NINTH AND SEPARATE AFFIRMATIVE DEFENSE, Defendant alleges that Plaintiff is estopped from recovering on the alleged contract. DEFENDANT’S ATTACHMENT TO GENERAL DENIAL