answer contract

Cal. Super. - 1st Dist.August 27, 2021

ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 10/20/2020 Clerk of the Court BY: VANESSA WU Deputy Clerk MC-025 CASE NUMBER:SHORT TITLE: ofPage ATTACHMENT (Number): (This Attachment may be used with any Judicial Council form.) (Add pages as required) (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Attachment are made under penalty of perjury.) Form Approved for Optional Use Judicial Council of California MC-025 [Rev. July 1, 2009] ATTACHMENT www.courtinfo.ca.gov to Judicial Council Form US Capital Partners Inc. v. GC 555 Montgomery, LLC, et al. CGC-20-585240 4 Affirmative Defenses of Cross-Defendant US Capital Global Advisors LLC 1. Cross-Complainant fails to state facts sufficient to state a claim. 2. All claims asserted by Cross-Complainant are barred by the doctrine of waiver. 3. All claims asserted by Cross-Complainant are barred by the doctrine of estoppel. 4. All claims asserted by Cross-Complainant are barred by the doctrine of unclean hands. 5. All claims asserted by Cross-Complainant are barred by the doctrine of laches. 6. All claims asserted by Cross-Complainant are barred by the doctrine of mistake. 7. All claims asserted by Cross-Complainant are barred by the doctrine of fraud. 8. All claims asserted by Cross-Complainant are barred by the doctrine of ratification. 9. All claims asserted by Cross-Complainant are barred by the doctrine of unjust enrichment. 10. All claims asserted by Cross-Complainant are barred by its failure to mitigate damages. 11. All claims asserted by Cross-Complainant are barred by the statute of frauds. 12. All claims asserted by Cross-Complainant are barred by the operation of the statute of limitations. 13. All claims asserted by Cross-Complainant are barred by a governmental takings. 14. All claims asserted by Cross-Complainant are barred by executive and health orders, proclamations, declarations, laws and regulations relating to Covid-19/Cornavirus. 15. All claims asserted by Cross-Complainant are barred by the operation of the doctrine of impossibility. 16. All claims asserted by Cross-Complainant are barred by the operation of the doctrine of frstration of purpose. 17. All claims asserted by Cross-Complainant are barred by its breach of contract. 18. All claims asserted by Cross-Complainant are barred by equitable principals. 19. All claims asserted by Cross-Complainant are barred because US Capital Partners Inc. is not a subsidiary of US Capital Global Advisors LLC. 20. All claims asserted by Cross-Complainant are barred because Cross-Complainant has no contractual privity with US Capital Global Advisors LLC. 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1- CROSS DEFENDANT’S ANSWER TO CROSS-COMPLAINT PROOF OF SERVICE (CCP §§ 1013 and 2015.5; FRCP 5) I, the undersigned, am employed in the County of Contra Costa, State of California. I am over the age of eighteen and not a party to the within action. My business address is Sances Law, 1 Camino Sobrante, Ste 205, Orinda, CA 94563. On October 20, 2020, I caused to be served the within CROSS-DEFENDANT US CAPITAL GLOBAL ADVISORS LLC’S ANSWER TO DEFENDANT AND CROSS-COMPLAINANT GC 555’s CROSS-COMPLAINT on each person named below: Jennifer L. Meeker (SBN 260138) Elizabeth Key (SBN 323544) NOSSAMAN LLP 777 South Figueroa Street, 34th Floor Los Angeles, CA 90017 Tel: (213) 612-7800 Fax: (213) 612-7801 Email: jmeeker@nossaman.com Email: ekey@nossaman.com [ X ] (BY FIRST CLASS) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Lafayette, California to be served on the parties as indicated on the Service List. I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Lafayette, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] (BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY) [ ] (BY ELECTRONIC FILING AND/OR SERVICE) - I served a true copy, with all exhibits, electronically on designated recipients listed on the Service List on: ___________________(date) at ___________________(time) I declare under penalty of perjury under the laws of the State of California that the above is true and correct and that this declaration was executed on October 20, 2020, at Orinda, CA. _________ Wendy Meckes