2. For example, consider a case where the complaint only alleges a cause of action for breach of contract, but the answer comes back with numerous tort defenses. 1. Defendant is informed and believes and, based thereon, alleges that the damages complained of in Plaintiff's Complaint, if any, resulted from an unforeseeable act of God, thereby barring, either partially or totally, Plaintiff's claimed damages. The Defendants admit the allegations as set forth in paragraphs 3 and 4 of the Complaint. In your Answer, you can present information or evidence that reduces or eliminates your liability, even if the allegations in the complaint are true. Primary Sidebar. The Complaint fails to state a claim upon which relief may be granted. If you need help with affirmative defenses to a California breach of contract case, you can post your legal need on UpCounsel's marketplace. Third Affirmative Defense 1. TENTH AFFIRMATIVE DEFENSE (Acts of God) 10. Defendant received the Plaintiff's Complaint on or about December 1, 2005. In personal injury law, an affirmative defense is a set of facts, which, if proven by the defendant, mitigates the legal consequences of the defendant’s unlawful conduct against the plaintiff.These defenses can be based on the specific facts of the case or can arise from the governing law. Sample Motions, Forms, Affirmative Defenses. VI. . AFFIRMATIVE DEFENSES First Affirmative Defense 1. Affirmative Defenses (Attachment 4). Affirmative Defense - Novation - Free Legal Information - Laws, Blogs, Legal Services and More Here is a sample template with an answer and affirmative defenses in regard to a claim for federal copyright infringement in the Northern District of California ... (ex. [3] Accordingly, a defendant in California courts may be required through discovery to disclose not only the evidentiary facts underlying his affirmative defenses (Singer v. Superior Court, supra, 54 Cal. California superior courts are taking note and sustaining demurrers to particular affirmative defenses in appropriate situations. ... Comes now the Defendant Joe Blow, and files this Objection to Complaint, per California Civil Code Chapter 4 Section 430.30. AFFIRMATIVE DEFENSES AND COUNTERCLAIM The Defendants, JAVIER ARRIETA AND CARMEN BRAVO, by and through the undersigned Counsel files Answer and Affirmative Defenses and state: 1. FACTS. Sample Motions, Forms, Affirmative Defenses Followers 2. These are called “affirmative defenses.” There many affirmative defenses available. Search . . Acts of God. Email * Email. This field is for validation purposes and should be left unchanged. Plaintiff’s claims are barred, in whole or in part, by the applicable statute of limitations. Second Affirmative Defense 2. 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