__[Attorney name]__
__[Address]__
__[Telephone number]__

Attorney for Defendant, __[name]__


            _ _ _ _ _ _ Court, County of _ _ _ _ _ _
                   __[_ _ _ _ _ _ District]__

_ _ _ _ _ _ _ _ _ _ _ _ _  )   No. _ _ _ _ _ _
                               Plaintiff(s))
vs.                                                        )ANSWER TO COMPLAINT
                                                                          )
_ _ _ _ _ _ _ _ _ _ _ _ _  )
                               Defendant(s))
_________________________  )

     Defendant, __[name]__, answers the complaint of plaintiff,
__[name]__, in this action as follows:
               RESPONSE TO PRELIMINARY ALLEGATIONS
     1.   Answering paragraph 1, defendant is without sufficient
information or belief to admit or deny the allegations in this
paragraph. Based on this lack of information or belief, defendant
denies the allegations.
     2.   Answering paragraph 2, defendant admits that he is an
individual residing in _ _ _ _ _ _ _ _ County, California.
Defendant denies the remaining allegations in this paragraph.
     3.   Answering paragraph 3, defendant admits __[specify]__.
Defendant denies the remaining allegations in this paragraph.
     4.   Answering paragraph 4, defendant admits that plaintiff
is an individual.  Defendant is without sufficient information or
belief to admit or deny the remaining allegations in this
paragraph. Based on this lack of information or belief, defendant
denies the remaining allegations.
     5.   Answering paragraph 5, defendant denies the allegations
in this paragraph.
                RESPONSE TO FIRST CAUSE OF ACTION
     6.   Answering paragraph 6, defendant realleges and
incorporates by reference the admissions, allegations, and
denials in paragraphs 1 through 5 of this answer.
     7.   Answering paragraph 7, defendant denies the allegations
in this paragraph.
     8.   Answering paragraph 8, defendant denies the allegations
in this paragraph.
     9.   Answering paragraph 9, defendant admits __[specify]__.
Defendant denies the remaining allegations in this paragraph.
               RESPONSE TO SECOND CAUSE OF ACTION
     10.  Answering paragraph 10, defendant realleges and
incorporates by reference the admissions, allegations, and
denials in paragraphs 1 through 9 of this answer.
     11.  Answering paragraph 11, defendant is without sufficient
information or belief to admit or deny the allegations in this
paragraph. Based on this lack of information or belief, defendant
denies the allegations.
     12.  Answering paragraph 12, defendant denies the
allegations in this paragraph.
                    FIRST AFFIRMATIVE DEFENSE
                      Other Action Pending
     13.  This action is barred by a prior action pending before
this Court which involves the same transactions, issues, parties,
and property that are the subject of the complaint. The other
action is presently pending in this _ _ _ _ _ _ branch, Case No.
_ _ _ _ _ _, filed by plaintiff against defendant. Both parties
to this complaint have appeared in the other action. Defendant
requests that the Court take judicial notice of the other action
under Evidence Code section 452.  A copy of the complaint in that
action, filed __[date]__, is attached as Exhibit A.
                   SECOND AFFIRMATIVE DEFENSE
                        Lack of Standing
     14.  This complaint is barred by the fact that plaintiff
lacks standing to bring an action. Plaintiff is not a party to
the transaction and is not connected to the transaction.
Defendant owes no duty to respond to plaintiff's allegations
regarding the transaction.
                    THIRD AFFIRMATIVE DEFENSE
                 Fails To State Cause of Action
     15.  The complaint is barred by plaintiff's failure to state
a cause of action against defendant.
                   FOURTH AFFIRMATIVE DEFENSE
                             Laches
     16.  The complaint is barred in whole or in part by laches.
                    FIFTH AFFIRMATIVE DEFENSE
                          Unclean Hands
     17.  The complaint is barred in whole or in part by
plaintiff's unclean hands.
                    SIXTH AFFIRMATIVE DEFENSE
                       Equitable Estoppel
     18.  The complaint is totally barred by plaintiff's role in
the transactions that are the subject of the other action
pending, the complaint in which is attached as Exhibit A.
                   SEVENTH AFFIRMATIVE DEFENSE
                            Indemnity
     19.  If any liability exists on the part of defendant to
plaintiff, such liability is to be completely indemnified by 
__[name]__.
                   EIGHTH AFFIRMATIVE DEFENSE
                             Offset
     20.  Any amount sought to be recovered in this action is
barred in whole or in part by the amount owing from plaintiff to
defendant.
     WHEREFORE, defendant requests judgment as follows:
     1.   That plaintiff take nothing by the complaint, which
will be dismissed with prejudice.
     2.   That defendant recover from plaintiff costs in the
amount of $_ _ _ _ _ _.
     3.   That the Court order further reasonable relief.


Date: _ _ _ _ _ _                                          [Signature]
                                                                                                                                            _________________________
                                                                                                                                                                                    __[Typed name]__
                                                                                                                                            Attorney for _ _ _ _ _ _ _ _ _

      

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Legal Forms : Set Two