Answer Limited 10K and 25K

Cal. Super. - 6th Dist.April 30, 2021

LAW OFFICES OF JULIA M. YOUNG JULIA M YOUNG& SBN 225077 4120 Douglas Blvd., Suite 306-494 Granite Bay, CA 95746 Tel: (916) 296-0786 Fax: (916) 914-1997 5 Attorney for Defendant CIRO ROLDAN BACA 10 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SANTA CLARA JUDICIAL DISTRICT LIMITED CIVIL JURISDICTION 12 13 DISCOVER BANK, Plaintiff, vs. 16 17 18 Defendant(s). 14 CIRO ROLDAN BACA and DOES 1-10, Inclusive, ) Case No.: 21CV381178 ) ) DEFENDANT'S ANSWER TO COMPLAINT ) ) ) ) ) ) ) ) ) COMES NOW Defendant, CIRO ROLDAN BACA, ("Defendant"), and in answer to PlaintiA's Complaint (hereinafter, the "Complaint") on file herein and each alleged cause of 21 action thereof, denies and alleges as follows: 22 GENERAL DENIAL 23 Pursuant to Code of Civil Procedure section 431.30„ this answering Defendant denies 2s each and every and all allegations ofPlaintiiFs unverified Complaint and the whole thereof, including each and every alleged cause of action contained therein, and further denies that 27 Plaintiff is entitled to the relief requested, or any relief at all. 28 Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/8/2021 3:34 PM Reviewed By: L Del Mundo Case #21CV381178 Envelope: 6607313 AFFIRMATIVE DEFENSES 1 1. Defendant alleges that Plaintiff has failed to mitigate damages. 2. Defendant alleges the complaint is barred by the statute of limitations. 3. Defendant contends that it cannot fully anticipate all affirmative defenses that may be applicable to this action based upon the conclusionary terms used in PlaintifF s Complaint. Accordingly, Defendant expressly reserves the right to assert additionally 8 affirmative defenses if and to the extent that such affirmative defenses become applicable. 10 12 13 14 16 17 18 WHEREFORE, Defendant prays that this Court grant the following relief: 1. That this action be dismissed with prejudice; 2. That judgment be entered in favor of Defendant, and against Plaintiff; 3. That Defendant be awarded attorney's fees and costs and other sanctions under and by virtue of the California Code of Civil Procedure sections 128.5, 128.7 and 1038; 4. That Defendant be awarded cost of suit herein incurred in this action; and, 19 5. For such other and further relief as the Court may deem just and proper. Date: June 8, 2021 LAW OFFICES OF JULIA M. YOUNG 22 23 24 ~IA M. YO~ Attorney for Defendant CIRO ROLDAN BACA 26 27 CERTIFICATE OF MAILING 1 This is to certify that on the 806 day of June, 2021, a true and correct copy of the Answer was mailed, faxed, or emailed to: 3 ZWICKER & ASSOCIATES, P.C. Attn: Jessica M. Garcia, Esq. 1320 Willow Pass Road, Suite 730 Concord, CA 94520 T: 925-689-7070 7 Em ai 1: ZACNLITIGATIONQZWICKERPC . COM 10 JULIAN(4. YOUNG 12 13 16 17 18 19 20 21 22 23 24 26 26 27