AnswerCal. Super. - 3rd Dist.November 25, 2019 Be | | PLD-C-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE: (619) 727-8997 FOR COURT USE ONLY: Adrieannette Ciccone CA SBN #296996 317 Lansing Way, Hayward, CA 94541 FOR Law Offices of Robert S. Gitmeid, PLLC FILED 11 Broadway Street, Suite 960, New York, NY 10004 uperior Court of California ATTORNEY FOR (NAME): Jason Sims County of Placer Insert name of court, judicial district or branch court, if any, and post office and street address: APR 0 6 2020 Superior Court of California, County of Placer k 10820 Justice Center Drive ada Cr cia Roseville, CA 95678 By: O. Lucatuorto, Deputy PLAINTIFF: TD Bank USA, N.A. DEFENDANT: Jason Sims ANSWER-Contract SESE NUNRES: TO COMPLAINT OF (name): TD Bank USA, N.A. MCV0075292 [__] To CROSS-COMPLAINT (name): 1. This pleading, including attachments and exhibits, consists of the following number of pages: 2 2. DEFENDANT (name): Jason Sims answers the complaint or cross-complaint as follows: [ AX 3. Check ONLY ONE of the next two boxes: a. Defendant generally denies each statement of the complaint or cross-complaint. (Do not check this box if the verified complaint or cross-complaint demands more than $1,000.) b. [_] Defendant admits that all of the statements of the complaint or cross-complaint are true EXCEPT: (1) Defendant claims the following statements are false (use paragraph numbers or explain): [1] Continued on Attachment 3.b.(1). ; (2) Defendant has no information or belief that the following statements are true, so defendant denies them (use paragraph numbers or explain): [1 Continued on Attachment 3.b.(2). If this form is used to answer a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 Form Approved for Optional Use Cc Code of Civil Procedure, § 425.12 “judical Council of Califomia ANSWER ontract www.courtinfo.ca.gov PLD-C-010 [Rev. January 1, 2007] PLD-C-010 SHORT TITLE: CASE NUMBER: TD Bank USA, N.A. VS Jason Sims MCV0075292 ANSWER-Contract 4. AFFIRMATIVE DEFENSES Defendant alleges the following additional reasons that plaintiff is not entitled to recover anything: Ambiguity - Plaintiff did not clearly state the amount or the issue(s) in this case. Unclean Hands. Unjust Enrichment- Plaintiff would receive more money than it deserves if it wins. Invalid /Illegal Contract-The contract is invalid /illegal and cannot be enforced because of fraud, deceit, or misrepresentation - All or part of the contract or transaction resulted from fraud, deceit, or misrepresentation by Plaintiff or another party. Invalid/Illegal Contract-The contract is invalid/illegal and cannot be enforced because of lack of acceptance. Invalid/Illegal Contract-The contract is invalid /illegal and cannot be enforced because of lack of consideration. Invalid /Illegal Contract-The contract is invalid /illegal and cannot be enforced because of mistake. Waiver. Standing- Plaintiff is not who I entered the Contract with and it did not provide a copy of an agreement which shows it is the legal owner of the alleged debt and the right to bring this cause to collect the debt. Failure to state a case of action, Plaintiff failed to state an essential element for: Breach of contract: it did not state the specific date the contract was entered into/it did not state the specific date the contract was breached/not complied with. No Damage to Plaintiff. Usury-Cal. Civ. Code§§ 1914.12.2, §1916.12.2. Lack of Jurisdiction. Plaintiff failed to give credit for payments made. Failure of validation of debts § 1692g § 809. Co) Continued on Attachment 4. 5. [_] Other 6. DEFENDANT PRAYS a. that plaintiff take nothing. b. for costs of suit. c. [__] other (specify): Adrieannette Ciccone CG 7 ) = (Type or print name) Pignature of party or attorney) PLD-C - 010 [Rev. January 1, 2007] Page 2 of 2 ANSWER-Contract
