General Denial Limited 10KCal. Super. - 6th Dist.April 19, 20211 PLD-050 . \ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address} FOR cow". USE ONLY Michael T Le 3318 Alsace Court San Jose, CA 95135-1 063 TELEPHONE No.2 (408) 219-2585 FAX NO. (Optional): E-MAJL ADDRESS (Opobnao: AWORNEY FOR (Name).- IN PR0 PER SUPERIOR COURT 0F CALIFORNIA, COUNTY OF Santa Clara STREEr ADDRESS: 191 NORTH FIRST STREET MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 95113 BRANCH NAME DTs PLAINTIFFIPETITIONER: DISCOVER BANK DEFENDANTIRESPONDENT: MICHAEL T LE CASE NUMBER: GENERAL DENIAL 2101331469 If you want to file a general denial, you MUST use this form if the amount asked for in the complaint or the value of the property involved is $1,000 or less. You MAY use this form for a genera! denial if: 1. The complaint is not verified; or 2. The complaint is verified and the case is a limited civil case (the amount in controversy is $25,000 or less), l BUT NOT if the complaint involves a claim for more than $1,000 that has been assigned to a third party for collection. (See Code of CiviI Procedure sections 85-86. 90-100, 431.30, and 431 .40.) 1. DEFENDANT (name): Michaelne generally denies each and every allegation of plaintiff‘s complaint. 2. DEFENDANT states the following FACTS as separate affirmative defenses to plaintiff‘s complaint (attach additional pages if necessary}: See Attached Date: 7/812021 MICHAEL T LE } f- erPE 0R PRINT NAME) (SHGNATURE 0F DEFENDANT 0R ATTORNEY) lf you have a claim for damages or other relief against the plaintiff, the law may require you to state your claim in a special pleading called a cross-complaint or you may lose your right t0 bring the claim. (See Code of Civil Procedure sections 426.10-426.40.) The original of this General Denial must be filed with the clerk of this court with proof that a copy was sewed bn each pfaintiff‘s attorney and on each plaintiff not represented by an attorney. There are two main ways to serve this GeneraI‘DeniaI: by personal delivery or by mail. It may be served by anyone at least 18 years of age EXCEPT you 0r any other party to this legal action. Be sure that whoever serves the General Denialfills out and signs a proof of service. You may use the applicable Judicial Council form (such as form POS-OZO, POS-OBO, or POS-040) for the proof of service. Page 1 of1 Form Adopted for Mandatuy Use Code of Civil Primedura, §§ 431.30. 431,40 Judiu‘al Comm] olCaIifomia GENERAL DENIAL www.martmro‘cagov PLD-050 [Rem January 1. 2009] For your protection and privacy, please press the Clear _ l I _ , _ A I m2rm.-_=-_: 10 11 12 l3 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT 1 TO GENERAL RULE (Failure t0 State a Cause of Action) AS AND FOR A FIRST AND SEPARATE AFFIRMATIVE DEFENSE, ‘ Defendant alleges that the complaint and each cause 0f action therefore fails t0 state a cause 0f action. (Statute 0f Limitations) AS AND FOR A SECOND AND SEPARATE AFFIRMATIVE DEFENSE Defendant alleges that each and every cause 0f action is barred by the applicable statute 0f limitations. (Laches) AS AND FOR A THIRD SEPARATE AFFIRMATIVE DEFENSE Defendant alleges that each and every cause 0f action is barred by the doctrine of laches. (Failure to Exhaust Remedies) AS AND FOR A FOURTH AND SEPARATE AFFIRMATIVE DEFENSE, Defendant urges that Plaintiff has failed t0 exhaust administrative and/or contractual riemedies. (Rescission) AS AND FOR A FIFTH AND SEPARATE DEFENSE. Defendant alleges that the underlying contract - if any- was rescinded or is subject t0 rescission pursuant to each of the subsections of Cal.Civil Code §l689(b), including but not limited to fraud in the inducement, duress, and mistake. E PLEADING TITLE - 1 Ix) 10 ll 12 13 14 16 I7 18 l9 20 21 22 23 24 25 26 27 28 (Payment) AS AND FOR A SIXTH AND SEPARATE AFFIRMATIVE DEFENSE, Defendant alleges that the amount owing 0n the contract, if any, was paid in full or in :part. (Offset/Procuremcnt) I AS AND FOR A SEVENTH AND SEPARATE AFFIRMATIVE DEFENSE Defendant alleges that Plaintiff‘s claims are offset by any damages recoverable by Defendant. The amount of offset which Defendants are entitled to recoup will be according t0 proof at trial. (Waiver) 1 AS AND FOR AN EIGTH AND SEPARATE AFFIRMATIVE DEFENSE! Defendant acknowledges that Plaintiff has waived - in whole or in part - its right t0 recover on the alleged contract. ‘ (Estoppel) AS AND FOR A NINTH AND SEPARATE DEFENSE, Defendant alleges that plaintiff is estopped from covering on the alleged contact. (Special Rule for Credit Care Chase) I AS FOR A TENTH AND SEPARATE AFFIRMATIVE HOUSE. Defendant alleges that Plaintiff is subject t0 all claims and defense that Defendant could assert against the merchant(s) who honored the credit card, pursuant to 15 USC §1666i. PLEADING TITLE - 2
