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A
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Aug-04-2011 11:21 am
Case Number: CGC-11-512328
Filing Date: Aug-04-2011 11:21
Juke Box: 001 Image: 03290003
ANSWER
DISCOVER BANK VS. TIMOTHY DUGAN et al
001C03290003
Instructions:
Please place this sheet on top of the document to be scanned.PLD-C-010
ATTORNEY OR PARTY WITHOUT ATTORI,,.(NAME AND ADDRESS): TELEPiONE
408 679-1150
timothy DugED, FILED
San Francisco, CA 94129
CLERK OF THE COURT
fie oe
FOR COURT USE ONLY:
ATTORNEY FOR (NAME):Acting In Pro Per
Insert name of court, judicial district or branch court, if any, and post office and street address:
Superior Court of California
400 McAllister Street
San Francisco, CA 94102
PLAINTIFF:
Discover Bank
DEFENDANT:
Timothy Dugan
ANSWER - Contract .
() TOCOMPLAINT OF (name): Discover Bank eee eee 2308
(CQ TO CROSS-COMPLAINT (name):
. This pleading, including attachments and exhibits, consists of the following number of pages: 91__
2. DEFENDANT (name): Timothy Dugan
answers the complaint or cross-complaint as follows:
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. (2) 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):
CD 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 explainy
(2) Continued on Attachment 3.b.(2).
Ii this form is used fo answer a cross-complaint, plaintif maans cross-complainant and defendant means cross-dafendant.
Page 1 of 2
Form Approved for Optional Use Code of Civil Procedur 425.12
Judicial Council of California ANSWER- Contract wwe Courtie.c8 gov
PLE 110 [Rev. January 1, 2007]
‘Martin Deas
(=o) ESSENTIAL FORMS™
Dugan, Timothy S.PLD-C-010
SHORT TITLE: eer ~ASE NUMBER:
Discover Bank v Dugan CGC 11-512328
ANSWER-Contract
4. (&) AFFIRMATIVE DEFENSES
Defendant alleges the following additional reasons that plaintiff is not entitled to recover anything:
FIRST AFFIRMATIVE DEFENSE
Othe complaint fails to state facts sufficient to constitute a cause of action against
this answering Defendant.
SECOND AFFIRMATIVE DEFENSE
Othe comparative fault of Plaintiff's and others, and such conduct of the part of
Plaintiff and others, proximately contributed to
the damages, if any, suffered by Plaintiff
THIRD AFFIRMATIVE DEFENSE
OPlaintiff has failed to adequately mitigate their damages as alleged herein.
FOURTH AFFIRMATIVE DEFENSE
OThat the damages, if any, mentioned in the complaint were proximately caused and
contributed to by the negligence of the
plaintiff in that the plaintiff did not exercise ordinary care in its decision to
extend defendant credit, and therefore said negligence
completely bars any recovery to plaintiff or, in the alternative, it reduces the right
of recovery to plaintiff by that amount which
said negligence contributed to plaintiff's damage as set forth under the doctrine of
comparative negligence.
FIFTH AFFIRMATIVE DEFENSE
Uplaintiff is guilty of laches in that they have inexcusably and unreasonably delayed
the filing of this action thereby causing
substantial prejudice to Defendant.
{XQ Continued on Attachment 4.
5. (CJ Other:
6. DEFENDANT PRAYS.
a. that plaintiff take nothing.
b. [] for costs of suit.
c. J other (specify):
Plaintiff take nothing by this complaint, that Defendant be
awarded his costs of suit; and for such other and further
relief as the Court may deem proper.
Timathy. Dugan.
ype or prini name)
PLD-C-010 (Rev. January 1, 2007] ANSWER- Contract
Deans
Dugan, Timothy Ss.
Page 2 of 2M MC-025
SHORT TITLE: ‘CASE NUMBER:
Discover Bank v Dugan CGC 11-512328
ATTACHMENT (Number); 1 _
(This Attachment may be used with any Judicial Council form.)
SIXTH AFFIRMATIVE DEFENSE
The contract sued upon by plaintiff was not the product of an arms
length transaction in that defendant was deprived of any
opportunity to negotiate the terms or conditions of the credit extended
and said contract is inherently unfair, oppressive and
unconscionable.
SEVENTH AFFIRMATIVE DEFENSE
Plaintiff's actions are barred by the applicable statute of
limitations including, but not limited to, California Code of Civil
Procedure Sections 337, 338, 339, 340, and 342 and California Civil
Code Section 1783.
EIGHTH AFFIRMATIVE DEFENSE
This answering defendant alleges that by reason of the acts,
omissions, or conduct of plaintiff and\or agents, or by reason of their
ratification of the acts, omissions, or conduct of others, plaintiff is
barred from any relief and\or the recovery of damages under the
doctrine of waiver and\or estoppel.
NINTH AFFIRMATIVE DEFENSE
Plaintiff consented to any conduct complained of against any
defendant. Plaintiff's consent which is both express and implied, bars
any recovery herein.
TENTH AFFIRMATIVE DEFENSE
This answering defendant presently has insufficient knowledge or
information on which to form a belief as to whether it may have
additional, but as yet unstated, affirmative defenses available, and
accordingly, this answering defendant reserves the right to assert
additional defenses in the event discovery indicates the same would be
appropriate.U
(if the item that this Attachment concerns is made under penaity of perjury, all statements in this Page 1 of 1__
Attachment are made under penalty of perjury.) (Add pages as required)
"augce Gounel Caria ATTACHMENT sew courtnto.ca. go
MC-025 [Rev, July 1, 2009}, to Judicial Council Form
Martin Deany
In Pro PerPOS-030
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stay,” number, and address): FOR COURT USE ONLY
Timothy Dugan
861 B Wallen Street
San Francisco, CA 94129
evepHoneno: 408 679-1150 FAX NO.(Optional):
E-MAIL ADDRESS (Optional)
ATTORNEY FOR(Namg: ACting In Pro Per
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
streetaopress:: 400 McAllister Street
MAILING ADDRESS:
civanozipcou: San Francisco, CA 94102
BRANCH NAME:
PETITIONER/PLAINTIFF: Discover Bank
RESPONDENT/DEFENDANT: Timothy Dugan
CASE NUMBER:
PROOF OF SERVICE BY FIRST-CLASS MAIL - CIVIL coc 11-512328
(Do not use this Proof of Service to show service of a Summons and Complaint.)
1. 1am over 18 years of age and not a party to this action. | am a resident of or employed in the county where the mailing
took place.
2. My residence or business address is:
3251 Steiner Street
San Francisco, CA 94123
3. On (date): B / y #2011 | mailed from (city and state): San Francisco
the following documents (specify):
answer to the complaint
(2) The documents are listed in the Attachment to Proof of Service by First-Class Mail - Civil (Documents Served)
(form POS-030(D)).
4. | served the documents by enclosing them in an envelope and(check one):
a. [%] depositing the sealed envetope with the United States Postal Service with the postage fully prepaid,
b. [LJ placing the envelope for collection and mailing following our ordinary business practices. | am readily familiar with this
business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is
placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in
a sealed envelope with postage fully prepaid.
5. The envelope was addressed and mailed as follows:
a. Name ofpersonserved: CIR Law Offices
b. Address of person served:
8665 Gibbs Drive Suite 150
San Diego, CA 92123
(CD The name and address of each person to whom | mailed the documents is listed in the Attachment to Proof of Service
by First-Class Mail-Civil (Persons Served){POS-030(P)).
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
ww 74 s2011 J For cb
> e
(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) Beane PERSON COMPLETING THIS FORM)
Form Approved for Optional Use PROOF OF SERVICE BY FIRST-CLASS MAIL - CIVIL Code of Givi Procedure, §§ 1013, 10138
‘Judicial Council of Calfomia ‘wr. courtingo.ca.gov
POS-036 [New January 1, 2005]
(3) Marin Deons (Proof of Service}
Essentia’ Foras™ Dugan, Timothy Ss.
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A SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Aug-04-2011 11:21 am Case Number: CGC-11-512328 Filing Date: Aug-04-2011 11:21 Juke Box: 001 Image: 03290003 ANSWER DISCOVER BANK VS. TIMOTHY DUGAN et al 001C03290003 Instructions: Please place this sheet on top of the document to be scanned.PLD-C-010 ATTORNEY OR PARTY WITHOUT ATTORI,,.(NAME AND ADDRESS): TELEPiONE 408 679-1150 timothy DugED, FILED San Francisco, CA 94129 CLERK OF THE COURT fie oe FOR COURT USE ONLY: ATTORNEY FOR (NAME):Acting In Pro Per Insert name of court, judicial district or branch court, if any, and post office and street address: Superior Court of California 400 McAllister Street San Francisco, CA 94102 PLAINTIFF: Discover Bank DEFENDANT: Timothy Dugan ANSWER - Contract . () TOCOMPLAINT OF (name): Discover Bank eee eee 2308 (CQ TO CROSS-COMPLAINT (name): . This pleading, including attachments and exhibits, consists of the following number of pages: 91__ 2. DEFENDANT (name): Timothy Dugan answers the complaint or cross-complaint as follows: 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. (2) 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): CD 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 explainy (2) Continued on Attachment 3.b.(2). Ii this form is used fo answer a cross-complaint, plaintif maans cross-complainant and defendant means cross-dafendant. Page 1 of 2 Form Approved for Optional Use Code of Civil Procedur 425.12 Judicial Council of California ANSWER- Contract wwe Courtie.c8 gov PLE 110 [Rev. January 1, 2007] ‘Martin Deas (=o) ESSENTIAL FORMS™ Dugan, Timothy S.PLD-C-010 SHORT TITLE: eer ~ASE NUMBER: Discover Bank v Dugan CGC 11-512328 ANSWER-Contract 4. (&) AFFIRMATIVE DEFENSES Defendant alleges the following additional reasons that plaintiff is not entitled to recover anything: FIRST AFFIRMATIVE DEFENSE Othe complaint fails to state facts sufficient to constitute a cause of action against this answering Defendant. SECOND AFFIRMATIVE DEFENSE Othe comparative fault of Plaintiff's and others, and such conduct of the part of Plaintiff and others, proximately contributed to the damages, if any, suffered by Plaintiff THIRD AFFIRMATIVE DEFENSE OPlaintiff has failed to adequately mitigate their damages as alleged herein. FOURTH AFFIRMATIVE DEFENSE OThat the damages, if any, mentioned in the complaint were proximately caused and contributed to by the negligence of the plaintiff in that the plaintiff did not exercise ordinary care in its decision to extend defendant credit, and therefore said negligence completely bars any recovery to plaintiff or, in the alternative, it reduces the right of recovery to plaintiff by that amount which said negligence contributed to plaintiff's damage as set forth under the doctrine of comparative negligence. FIFTH AFFIRMATIVE DEFENSE Uplaintiff is guilty of laches in that they have inexcusably and unreasonably delayed the filing of this action thereby causing substantial prejudice to Defendant. {XQ Continued on Attachment 4. 5. (CJ Other: 6. DEFENDANT PRAYS. a. that plaintiff take nothing. b. [] for costs of suit. c. J other (specify): Plaintiff take nothing by this complaint, that Defendant be awarded his costs of suit; and for such other and further relief as the Court may deem proper. Timathy. Dugan. ype or prini name) PLD-C-010 (Rev. January 1, 2007] ANSWER- Contract Deans Dugan, Timothy Ss. Page 2 of 2M MC-025 SHORT TITLE: ‘CASE NUMBER: Discover Bank v Dugan CGC 11-512328 ATTACHMENT (Number); 1 _ (This Attachment may be used with any Judicial Council form.) SIXTH AFFIRMATIVE DEFENSE The contract sued upon by plaintiff was not the product of an arms length transaction in that defendant was deprived of any opportunity to negotiate the terms or conditions of the credit extended and said contract is inherently unfair, oppressive and unconscionable. SEVENTH AFFIRMATIVE DEFENSE Plaintiff's actions are barred by the applicable statute of limitations including, but not limited to, California Code of Civil Procedure Sections 337, 338, 339, 340, and 342 and California Civil Code Section 1783. EIGHTH AFFIRMATIVE DEFENSE This answering defendant alleges that by reason of the acts, omissions, or conduct of plaintiff and\or agents, or by reason of their ratification of the acts, omissions, or conduct of others, plaintiff is barred from any relief and\or the recovery of damages under the doctrine of waiver and\or estoppel. NINTH AFFIRMATIVE DEFENSE Plaintiff consented to any conduct complained of against any defendant. Plaintiff's consent which is both express and implied, bars any recovery herein. TENTH AFFIRMATIVE DEFENSE This answering defendant presently has insufficient knowledge or information on which to form a belief as to whether it may have additional, but as yet unstated, affirmative defenses available, and accordingly, this answering defendant reserves the right to assert additional defenses in the event discovery indicates the same would be appropriate.U (if the item that this Attachment concerns is made under penaity of perjury, all statements in this Page 1 of 1__ Attachment are made under penalty of perjury.) (Add pages as required) "augce Gounel Caria ATTACHMENT sew courtnto.ca. go MC-025 [Rev, July 1, 2009}, to Judicial Council Form Martin Deany In Pro PerPOS-030 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stay,” number, and address): FOR COURT USE ONLY Timothy Dugan 861 B Wallen Street San Francisco, CA 94129 evepHoneno: 408 679-1150 FAX NO.(Optional): E-MAIL ADDRESS (Optional) ATTORNEY FOR(Namg: ACting In Pro Per SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco streetaopress:: 400 McAllister Street MAILING ADDRESS: civanozipcou: San Francisco, CA 94102 BRANCH NAME: PETITIONER/PLAINTIFF: Discover Bank RESPONDENT/DEFENDANT: Timothy Dugan CASE NUMBER: PROOF OF SERVICE BY FIRST-CLASS MAIL - CIVIL coc 11-512328 (Do not use this Proof of Service to show service of a Summons and Complaint.) 1. 1am over 18 years of age and not a party to this action. | am a resident of or employed in the county where the mailing took place. 2. My residence or business address is: 3251 Steiner Street San Francisco, CA 94123 3. On (date): B / y #2011 | mailed from (city and state): San Francisco the following documents (specify): answer to the complaint (2) The documents are listed in the Attachment to Proof of Service by First-Class Mail - Civil (Documents Served) (form POS-030(D)). 4. | served the documents by enclosing them in an envelope and(check one): a. [%] depositing the sealed envetope with the United States Postal Service with the postage fully prepaid, b. [LJ placing the envelope for collection and mailing following our ordinary business practices. | am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. 5. The envelope was addressed and mailed as follows: a. Name ofpersonserved: CIR Law Offices b. Address of person served: 8665 Gibbs Drive Suite 150 San Diego, CA 92123 (CD The name and address of each person to whom | mailed the documents is listed in the Attachment to Proof of Service by First-Class Mail-Civil (Persons Served){POS-030(P)). | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ww 74 s2011 J For cb > e (TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) Beane PERSON COMPLETING THIS FORM) Form Approved for Optional Use PROOF OF SERVICE BY FIRST-CLASS MAIL - CIVIL Code of Givi Procedure, §§ 1013, 10138 ‘Judicial Council of Calfomia ‘wr. courtingo.ca.gov POS-036 [New January 1, 2005] (3) Marin Deons (Proof of Service} Essentia’ Foras™ Dugan, Timothy Ss.