Answer Limited 10K and 25KCal. Super. - 6th Dist.April 29, 2021PLD-C-D10 FOR COURTUSE ONLYATTORNEY 0R PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE: Christopher M. Aubuchon 835 Mesa Court Palo Alto. California 269-4 ' b650 666 EQUVQD] FaFLEgD ATrORNEY FOR (NAME): Insert name of coun. judicial district or branch court, if any. and post office and street address:~ SUPERIOR COURT-OF CAtIFORNIA - a , 1,. COUNTY 0F SANTA CLARA .. Av pf - 3793‘ J7? cr- CA Bk‘ IL. J ulun?” CLlfuLji191 N. FIRST STREET. SAN JOSE CA 95113 PLAINTlFF; American Express National Bank, Successor by Mergerto American Express Bank. FSB DEFENDANT; cnnsmpnerAubuman. aka cnnslopheAubuu-Lon. aka Christopher MAumcnon an Immual Dees1 lo 20 CASE NUMBERANSWER-Contract 21CV381090E TO COMPLAINT OF (name): 1' f TO CROSS-COMPLAINT (name): This pleading, including attachments and exhibits. consists of the followin Wges Z1. 3. Check ONLY ONE ofthe next two boxes: a E Defendant generally denies each statement of the complaint or cross-complaint. (Do not check this box tfthe verified complaint 0r cross-complaint demands more than $1,000.) b E Defendant admits that all 0f the statements ofthe complainlt 0r cross-complaint are true EXCEPT (1) Defendant claims the following statements are false {use paragraph numbers or explain)‘ D Continued on Attachment 3.b.(1). Defendant has no information or belief that the following statements are true. so defendant denies them (use(2) paragraph numbers or explain): Paragraph 10a damages of $20.509.30 are denied. The First and Second Cause ofAction are unsubstantiated and therefore denied. My Afi'rmative Defenses statement responds to the compfaint as comprehensively as the space provndes E Continued on Attachment 3.b.(2). I If thus form us used to answer a cross-cornplaint. plaintrff means aossmmplamant and defendant means cmss-defendanL Page 1 of 2 Code of 6M1 Procedure, § 42512 www.courrscagov Form Apptoved for Optional Use ANSWER-contractJudlcial Counc“ of Ca1ifornia‘ PLD~C-O1O [Rem January 1, 2007] PLD-C-010 SHORT TITLE: CASE NUMBER. AMEX vs. Aubuchon, et al. 21 CV381090 ANSWER-Contract 4. E AFFIRMATIVE DEFENSES Defendant alleges the following additional reasons that plaintiff is not entitled to recover anything: Defendant recalls that he may have receive a settlement offer of ~50% on the enumerated claim claim but thought It to be spam orjunk mail. Defendant has been advised that if a “validation notice” had not been received within five days after “notification/summons“ the claim may be fraudulent and/or illegitimate. | was sewed on Sunday 6/6 at 9pm. and am hereby responding. Defendant never received neither a validation notice, nor a copy of the contract that claims to bind him. Further. it appears, based on ExhibitAthat the party ofthe claim in question is "Exajoule. Inc." and that the paragraph 7 of the pleading was nowhere to be found in the summons. Defendant has never entered into contractwith, as. or 0n behalf 0f “Exajoule, Inc." to their knowledge. This claim may be fraudulent. Defendant has contracted with many companies over the past 20 years and recognizes there may be a claim but due to due to clerical errors requires further scrutiny. Defendant has contracted with "Exajoule. LLC” in the past. Defendant would like to hereby conditionally accept the settlement offer if the following conditions are met and verifications provided. In order to ascenain the veracity and true liability of the claim, Defendant seeks the following within 90 days: 1. Supply defendantwith a “validation notice" of the debt 2 Suppiy a copy of the original contract and signature the plaintiff claims binds themd fendant .__- ’ 3. Confirmation via affidavit that plaintiff has exhausted all other options of collections from Exajoule lnc. if found to be the primary party t0 this claim. 4. Verification of all expenses adding up t0 the amount on the claim. 5. Original contract and signature the plaintiff claims binds defendant to this claim as a guarantor. cosigner, or other. If these conditions are not met but some otherwise lawfully valid confirmation can be provided. defendant is willing to discuss with the plaintiff. If. however. there is no lawful and verifiable proof of the claim, defendant hereby prays that the court wilt dismiss the D Continued on Attachment 4. 5. E Other 6. DEFENDANT PRAYS a. that plaintiff take nothing. b. D for costs of suit. C. E Other (specify): If here is no lawful and verifiable proof of the claim, defendant hereby prays that the court will dismiss the plaintiff‘s cIaim with prejudice. Cmtsmotfim m. mgucvmd 093% Wk (Type or print name) (Signature of pany or attorney) PLD-C - 010 [Rem January 1. 2007] ANSWER-Contract Page 2 orz For your profe‘étlon and‘privacy, please press th’e'CtEa‘r‘ Il'his Form button after you have printed the form. l lfiwl-Ui'ifit flimistorffifl [[Sav'e ‘this' form { "-___-‘.
