Answer Response No Fee

Cal. Super. - 6th Dist.April 28, 2021

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Deborah Brake EleCtrom 2580 Senter Rd. Spc. 548 by Super San Jose, CA 951 11 County o (408) 401-8293 on 6/21 l2 debbiebrake925 mai1.com Reviewec deSIreeshlvonne 1c10ud.com case #21 Envelope SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLAR LIMITED CIVIL JURISDICTION DISCOVER BANK , Case No.2 21CV381 136 Plaintiff, V5. DEFENDANT’S FIRST AMEND PLAINTIFF’S COMPLAINT DEBORAH BRAKE, Defendant DEFENDANT ANSWERS PLAINTIFF’S COMPLAINT AS FOLLOWS: RESPONSE TO GENERAL ALLEGATIONS 1. Defendant admits the allegation. 2. Defendant admits the allegation. 3. Defendant admits the allegation. 4. Defendant denies the allegation for lack 0f knowledge sufficient t0 know the truth or falsit) 5. Defendant denies the allegation. 6. Defendant denies the allegation. RESPONSE TO CAUSES OF ACTION 7.Defendant denies the allegation for lack 0f knowledge sufficient t0 know the truth or falsity 8. Defendant denies the allegation. 9. Defendant denies the allegation for lack 0f knowledge sufficient t0 know the truth or falsit§ 10.Defendant denies the allegation. cally Filed or Court of CA, fSanta Clara, 021 12:00 AM By: L Del Mundo CV381136 : 6685066 A ED ANSWER TO 7 thereof. thereof. r thereof. 11.Defendant denies the allegation. 12.Defendant denies the allegation for lack of knowledge sufficient to know the truth or falsity thereof. 13.Defendant denies the allegation. 14. Defendant denies the allegation. DEFENDANT’S FIRST AMENDED ANSWER TO PLAINTIFF’S COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant denies each and every allegation in the Complaint that is not expressly admitted he] With respect t0 all paragraphs in Which Plaintiff prays for damages or other relief, Defendant ( entitled to such relief under law. AFFIRMATIVE DEFENSES 1.Plaintiff” s claims are barred in whole or in part because of a failure to mitigate damages. Defendant attempted t0 communicate with Suttell & Hammer three times, however, her phone unanswered. Defendant did leave a detailed message 0n Suttell & Hammer’s voicemail 0n Fri Defendant is still waiting for a response. 2. Plaintiff s claims are barred in whole or in part because Plaintiff does not correctly state the 3. Plaintiff s claims are barred in whole or in part because Defendant does not and has not eve the Plaintiff, Discover Bank, that ends with the numbers: 343 1 , as stated by the Plaintiff, locat line two (2), of the Plaintiff’ s complaint. 4. The plaintiff has not proven the debt is valid or the amount 0f the debt is accurate. The Plai account number that the Defendant does not have and has never had assigned t0 her by the Pla The plaintiff must prove that the account belongs t0 the Defendant, the principal, interest, coll 'ein. ienies that Plaintiff is calls went jay, June 4, 2021. amount owed. r had an account with 3d on page two (2), ntiff is citing an intiff, Discover Bank. action costs, and attorney's fees are all correct, and agreed to in the contract, and lawfully charged. Defendant Ilequests that the plaintiff produce the contract between the Plaintiff, Discover Bank, and the Defendant, Debon statements to prove the amount of the debt. WHEREFORE, Defendant requests the following relief: 1. That Plaintiff’ s Complaint be dismissed with prejudice, and Plaintiff take nothing therefron“ Dated: June 19, 2021 1h Brake, and account Deborah Brake DEFENDANT’S FIRST AMENDED ANSWER TO PLAINTIFF’S COMPLAINT