Answer Limited Up to 10K

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

I LIBERTY LAW CENTER Khalil Ahmad (SBN 131819) 8690 Aero Drive, Suite 115-330 San Diego, CA 92123-1757 Phone: (858) 481-5606 4 Fax: (858) 481-7379 Email: khalilgahmadlawgroup.corn Attorney for Defendant, THANH V PHAM 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA - LIMITED CIVIL 13 14 Defendants 20 Defendant THANH V PHAM ("PHAM" or 'Defendant") hereby answers the Complaint of 21 BANK OF AMERICA, N.A., as follows: 22 ) ) Case No.: 21CV381003 ) ) Plaintiff, ) ) ) DFFENDANT THANH V PHAM'S ANSWER 15 ) TO COMPLAINT ) 16 THANH V PHAM; and DOES 1-10, inclusive,)') 17 ) ) 18 ) ) 19 ) 23 I. ANSWER 24 1. Pursuant to the provisions of Section 431.30 of the California Code of Civil Procedure 25 (CCP), Defendant THANH V PHAM denies, generally and specifically, each and every allegation contained in said Complaint and all causes of action contained therein, and denies that Plaintiff has 27 or will sustain damages as alleged, to be alleged, or at all, by reason of any act, breach, or omission 28 I DEPENDANT'S ANSWER TO COMPLAINT Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/19/2021 10:41 AM Reviewed By: D Harris Case #21CV381003 Envelope: 6475119 21CV381003 Santa Clara - Civil D Harris on the part of the answering Defendant. 2. Denies that Plaintiff is entitled to judgment against Defendant in any amount whatsoever, and for any reason or manner as alleged. 3. Denies that Plaintiff is entitled to any form of relief whatsoever, as claimed by them and; 4. Denies further that PlaintilTis entitled to any award of attorney's fees and costs incurred as a result of these claims, or for any other reason. 5. Denies the existence of any Account Stated between the Plaintiff and the Defendant. 6. Denies having received any statement claiming any amount alleged in the complaint. 10 12 H. AFFIRMATIVE DEFENSES FIRST AFFI RMATIVF. DEFENSE (Lack of Standinal 13 14 15 16 17 18 19 20 1. As a first and separate aflirmative defense, and without admitting any of the allegations contained in the Complaint, Defendant alleges that Plaintiff cannot recover under any claim because they lack standing to assert a claim against this answering Defendant. The Complaint does not clearly describe the clear ownership of the debt or legal assignment of the debt to any subsequent debt collector or that any of the assignments were bona tide. SECOND AFFIRMATIVE DEFENSE (Failure to state a claim) 21 22 23 2. Without admitting any allegations contained in the Complaint, the Coniplaint and each and every purported cause of action herein, fails to state facts sufticient to constitute a cause of action against Defendant. 24 25 THIRD AFFIRMATIVE DEFENSF. (Lack of Privitvl 26 27 28 3. As Complaint, a separate affirmative defense, and without admitting any allegations contained in the Defendant is informed and believes and thereon alleges that the Complaint and each and 2 DEFENDANT'S ANSWER TO COMPLAINT every purported cause of action therein, is vague as to any specific contract and is therefore barred, either in whole or in part, by lack of privity. FOURTH AFFIRMATIVE DEFENSE (Parole Fvidence Rulel 4. As a separate affirmative defense, and without admitting any allegations contained in the Complaint, Defendant is informed and believes and thereon alleges that the Complaint and each and every purported cause of action therein, is barred in whole or in part by because it references agreements made outside of any written contract with Defendant. 10 FIFTH AFFIRMATIVE DEFENSE (Unclean hands) 12 13 5. As a separate allirmative defense, and without admitting any of the allegations contained in the Complaint, Defendant is informed and believes and thereon allegcs that Plaintiff s inequitable conduct constitutes unclean hands and therefore bars the granting of equitable relief to Plaintiff herein. 14 15 SIXTH AFFIRMATIVE DEFENSE (Un inst Enrichment) 16 6. Without admitting any of the allegations contained in the Complaint, Defendant is informed 17 18 and believes and thereon alleges that granting Plaintiffs request for damages would result in unjust enrichment as the Plaintiff would receive more money than they are legally entitled to recover. 19 20 SEVENTH AFFIRMATIVE DEFENSE I Lachesl 21 22 7. Without admitting any of the allegations contained in the Complaint, Defendant is informed and bclicvcs and thereon alleges that the Complaint and each and every purported cause of action therein, is 23 24 barred by the doctrine of laches because the Plaintiff waited too long to tile this lawsuit, making it difficult or impossible for the Defendant to find witnesses or find evidence or such evidence necessary 25 to the defense of this case has been lost or destroyed. 26 27 28 3 DEFENDANT'S ANSWER TO COMPLAINT EIGHTH AFFIRMATIVE DEFENSE (Breach of Good Faith and Fair Dealinu'I 8. As a separate affirmative defense, and without admitting any allegations contained in the 4 Complaint, Defendant alleges that Plaintifl s claims are barred by their own material acts or omissions with respect to their performance under any alleged agreement or contract between the parties. NINTH AFFIRMATIVF. DEFENSE (Attorncv's fees not recoverable) 10 12 13 14 15 16 17 9. Without admitting any allegations contained in thc Complaint, the Contplaint and each and every purported cause of action herein, Plaintiff is not legally entitled to recover attorney fees as no statute has been cited in the Complaint authorizing the recovery of such fees nor has any contract provision upon which the Coniplaint is based has been presented that would allow for such recovery of attorney fees. TFNTH AFFIRMATIVE DEFENSE (Mitiaation of Damaucsj 10. As a separate af(irmative defense, and without admitting any allegations contained in the Complaint, Defendant alleges that Plaintiff has failed to mitigate damages and to the extent of such failure to mitigate, any damages awarded to Plaintiff should be reduced accordingly. 18 19 70 21 22 23 ELEVENTH AFFIRMATIVE DEFENSE (Additional Affirmative Defenses) 11. Defendant currently has insufficient information upon which to form a belief as to whether he may have additional, as yet unstated, affirmative defenses available to him. Defendant reserves his right to assert additional affirmative defenses in the event discovery indicates additional aAirmative defenses are appropriate. 24 25 26 27 28 4 DEFENDANT'S ANSWER TO COMPLAINT PRAYER FOR RELIFF 3 4 l. 2. WHEREFORE, this ansv ering Defendant prays for relief as follows: That Plaintiff take nothing by virtue of their Complaint on file herein; For costs of suit incurred herein; and For such other and further relief as the Court deems just and proper. Dated: Mav 19. 2021 Respectfully submitted, 10 KHALIL AHMAD, Esq. 12 13 Attomcy for Defendant, THANH V PHAM 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 DEFENDANT'S ANSWER TO COMPLAINT VERI FICATI OV! I, THANH V PHAM, declare under penalty of perjury as follows: 1, THANH V PHAM, am the name defendant in this case and am authorized to verify the attached Answer to Complaint. The foregoing responses are true and correct to the best of my knowledge. Executed this 19'" day ol'av 2021 at San Diego, CA. 10 12 THANH V PHAM 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 DEFENDANT'S ANSWER TO COMPLAINT 1 PROOF OF SERVICF. I, RJ Trinidad, am employed in San Diego County, California. I am over the age of 18 and not a party to the within action. My business address is that of 8690 Aero Drive, Suite 115-330, San Diego, CA 92123. On May~ 2021, I served the foregoing: ~ DEFENDANT THANH V PHAM'S ANSWER TO COMPLAINT to the interested parties in this action by providing a true and correct copy thereof, enclosed in a sealed envelope with sufficient postage affixed and addressed as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 NELSON & KENNARD 5011 Dudley Boulevard Building 250 Bay G McClellan, CA 95652 X BY MAIL I deposited such envelope in the mail at San Diego, California. The envelope was mailed to the above address with postage thereon fully prepaid. BY PERSONAL SERVICE I caused such envelope to be personally delivered to the addressee. VIA FACSHLE TRANSMISSION I caused the above-referenced document to be transmitted to the addressee at the facsimile number listed above. The person/entity served has agreed to service by fax. BY OVERNIGHT MAIL I deposited such envelope in the Overnight Express Mail at with a prepaid account number. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on~May 2021, at San Diego, California. 23 24 RJ Trinidad 25 26 27 28