Answer Limited Up to 10KCal. Super. - 6th Dist.April 29, 20211o 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 Christopher F Ban‘on 2729 Bristol Drive San Jose, CA 95127 PHONE: (408) 645-9999 JUN 21 2021 Clerk 0f the CoufiDEFENDANT IN PRO PER Superior Court of CA Count or Santa Clara BY Q 'HENfléé DEPUTY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURT LIMITED CIVIL CASE CITIBANK, N.A Case N0. 21CV381082 Plaintiff, DEFENDANT’S ANSWER TO PLAINTIFF’S UNVERIFIED VS- COMPLAINT SHRISTOPHER F BARRON, LIMITED CIVIL CASE Defendants. Defendant, CHRISTOPHER F BARRON, hereby answers the complaint 0f Plaintiff, CITIBANK, NA, as follows: ' , 1. Pursuant t0 the Code 0f Civil Procedure Section 431.30(d), Defendant herby generally and specifically denies each and every allegation in the Complaint and further specifically denies that Plaintiffhas been damaged in any amount 01' sum whatsoever as a result 0f any act or omission of Defendant. 2. In addition, Defendant alleges the following separate and distinct affirmative defenses t0 the causes 0f action set forth in the Complaint, which are alleged _ 1 _ DEFENDANT’R ANRWFR Tn PLAINTIFF’Q UNVERIFIED POMPTAINT [\J 10 11 12 13 14 15 16 17 18 19 20 21‘ 22 23 24 25 26 27 28 upon information and belief, and which may be amended 01‘ revised after a reasonable opportunity for further investigation and discovery. WHEREFORE, Defendant prays judgment as hereinafter set forth. AFFIRMATIVE DEFENSES . This answering Defendant alleges that the Complaint and each and every cause 0f action stated therein fails t0 state facts sufficient t0 constitute a cause 0f action or any cause 0f action against Defendant. . Defendant alleges that this action is time-barred by the applicable statute 0f limitations in the State 0f California. . Defendant alleges that on information and belief that as a result 0f Plaintiff‘s conduct, statements, and omissions, Plaintiff is estopped by action of law 0r conduct from maintaining the causes 0f action alleged in the Complaint. . The equitable doctn'ne 0f laches bars recovery by Plaintiff because Plaintiff has unreasonably delayed in filing its Complaint. . Plaintiff has failed t0 mitigate its alleged damages, thereby precluding 0r reducing Plaintiffs right 0f recovery, if any, from Defendant. . Defendant alleges that Plaintiff breached the various agreements entered into. . This answering Defendant alleges that Plaintiff is barred from asserting the claims alleged in the Complaint by reason of the doctrine 0f unclean hands. . Defendant alleges that Plaintiff’s contract is usurious and unenforceable in Violation 0f California law. Defendant alleges that the amount claimed by Plaintiff has been inflated t0 include improper over-limit Charges, finance charges and late payment fees inappropriately charged by Plaintiff. Defendant submits that these charges are unconscionable and t0 allow Plaintiff to collect these amounts would be inéquitable. Defendant denies that Plaintiff is entitled t0 collect these sums under any contract with Defendant. Plaintiffhas charged excessive interest, late fees and _2_ DEFENDANT’R ANSWER T0 PLAINTIF‘F’R ITNVF‘RIFIFD COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 penalties, and Defendant has not been able t0 reduce the debt, making performance of any obligation impossible. 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. 10. Plaintiff lacks privity 0f contract with this answering Defendant. .1 1 . This gnswgring Defendant demands specific proof offthg {amognts claimed, .:('1:1\.' ana‘requéstiafi'e‘tailed accounting by Plaintiff, includ’ir‘1\g bufrfét limited t0 all fees, changes in inferest rate and associated reasons for such fees and changes. 12. Plaintiff’s claims are barred, in whole or in part, by the doctrine 0f accord and satisfaction 13. The obligations 0f 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 t0 constitute a waiver and/or a release 0f any and all rights 0r claims that Plaintiff may have 0r may have had against Defendant arising from the transactions and occurrences set forth in the Complaint. 15. Defendant alleges 0n information and belief that Plaintiff” s claims for damages are barred t0 the extent that such damages sustained by Plaintiff, if any, were proximately caused by Plaintiff, 0r its agents 0r representatives, preventing Defendant’s perfmmance. 16. Defendant alleges on information and belief that Plaintiff’s acts 0r omissions constitute fraud and misrepresentations, which bars Plaintiff from any recovery herein. 17. Defendant alleges 011 information and belief that Plaintiff‘s claims are barred due t0 illegality. 18. Defendant reserves the right t0 plead other affirmative defenses that may become applicable and/or available at a later time. - 3 _ DF‘PFNDANT’R ANSWER Tn DIAINTIFF’R ITNVFRIan FOMPI .AINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREFORE, Defendant prays as follows: 1. That Plaintiff takes nothing by way 0f the Complaint, and that the Complaint be dismissed as against Defendant with prejudice; 2. That Defendant recovers costs, and reasonable-attorney fees, if incurred; 3. And for such other and filrther relief as the Court may deem fair, just, and proper. Dated: 0W Z\ ,2021 -4- DFFFNDANT’R ANQWFR Tn PLAINTIF‘F’R UNVEDIF‘IFD (“OMPIAINT // /< y ’ GHESJQPEER F BARRON DEFENDANT IN PR0 PER 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY MAIL I am a citizen 0f the United States over the age 0f eighteen years and not a party t0 0r interested in the within entitled cause. My residence and/or business address is: San Jose, California 94501 I am readily familiar with the business practice for collection agd processing 0f corresyondence. On this date I caused a true copy 0f the followmg document t0 be serve : ANSWER OF DEFENDANT TO PLAINTIFF’S COMPLAINT [xx] MAIL: by placin the said copy in a sealed envelo e With first class postage thereon fully Erepaid an causing the same to be deposite with US Postal Service 0n the same day in t e ordinary course 0f business, addressed as set forth below. SERVICE LIST Donald Sherrill 0/0 Hunt & Henriques 7017 Realm Dr. San Jose, CA 95119 [xx] I declare under penalty 0f perjury under the laws 0f the State of California that the foregoing is true and correct. EXECUTED 0n June , 2021, at San Jose, California (Signature 0f Server)
