Preview
PLD-050
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
National Litigation Law Group
Oklahoma City, OK 73107 Electronically Filed
TELEPHONE NO.: FAX NO. (Optional):
11/9/2020 2:04 PM
E-MAIL ADDRESS (Optional): Superior Court of California
Kelly F Morrill
ATTORNEY FOR (Name): County of Stanislaus
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Stanislaus Clerk of the Court
STREET ADDRESS:801 10th Street, 4th Floor By: Nicole Nelson, Deputy
801 10th Street, 4th Floor
MAILING ADDRESS:
Modesto, CA
CITY AND ZIP CODE: 95353
BRANCH NAME:Stanislaus $370 PD
PLAINTIFF/PETITIONER: Citibank, N.A.
DEFENDANT/RESPONDENT: Kelly F Morrill
CASE NUMBER::
GENERAL DENIAL CV-19-007325
If you want to file a general denial, you MUST use this form if the amount asked for in the complaint or the value of the property
involved is $1,000 or less.
You MAY use this form for a general denial if:
1. The complaint is not verified; or
2. The complaint is verified and the case is a limited civil case (the amount in controversy is $25,000 or less),
BUT NOT if the complaint involves a claim for more than $1,000 that has been assigned to a third party for collection.
(See Code of Civil Procedure sections 85–86, 90–100, 431.30, and 431.40.)
1. DEFENDANT (name): Kelly F Morrill
generally denies each and every allegation of plaintiff's complaint.
2. DEFENDANT states the following FACTS as separate affirmative defenses to plaintiff's complaint (attach additional
pages if necessary):
1. Plaintiff fails to state a claim on which relief can be granted.
2. Plaintiff’s action is barred by accord and satisfaction.
3. Plaintiff’s action is barred by failure of consideration.
4. Plaintiff’s action is barred by illegal or unenforceable contract.
5. Plaintiff’s action is barred by violation of the duty of good faith and fair dealing.
6. Plaintiff’s action is barred by lack of jurisdiction over the subject matter.
7. Plaintiff’s action is barred by its failure to validate the debt.
8. Plaintiff’s action is barred as this is not an action on an open account.
9. Plaintiff's action is barred by its arbitration clause.
Date: 11/09/2020
Dustin A. Young, Esq.
(TYPEOR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY)
If you have a claim for damages or other relief against the plaintiff, the law may require you to state your claim in a special pleading
called a cross-complaint or you may lose your right to bring the claim. (See Code of Civil Procedure sections 426.10–426.40.)
The original of this General Denial must be filed with the clerk of this court with proof that a copy was served on each plaintiff's
attorney and on each plaintiff not represented by an attorney. There are two main ways to serve this General Denial:by personal
delivery or by mail. It may be served by anyone at least 18 years of age EXCEPT you or any other party to this legal action.
Be sure
that whoever serves the General Denial fills out and signs a proof of service.
You may use the applicable Judicial Council form (such
as form POS-020, POS-030, or POS-040) for the proof of service.
Page 1 of 1
Form Adopted for Mandatory Use Code of Civil Procedure, §§ 431.30, 431.40
Judicial Council of California GENERAL DENIAL www.courtinfo.ca.gov
PLD-050 [Rev. January 1, 2009]
MC-025
CASE NUMBER:
SHORT TITLE:
Citibank, N.A. v. Kelly F Morrill CV-19-007325
ATTACHMENT (Number): 2
(This Attachment may be used with any Judicial Council form.)
10. Plaintiff’s action is barred by payment.
11. Plaintiff’s action is barred by reason of its violations of Fair Debt Collection Practices act and other federal
laws.
12. Plaintiff’s action is barred by setoff.
WHEREFORE, Defendant requests that the Plaintiff's Complaint be dismissed with prejudice, and that
this Court award reasonable costs, including a reasonable attorney's fee, incurred by reason of this
action, and for such other and further relief to which the Court may deem Defendant entitled.
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 2 of 2
Attachment are made under penalty of perjury.)
(Add pages as required)
Form Approved for Optional Use www.courtinfo.ca.gov
Judicial Council of California ATTACHMENT
MC-025 [Rev. July 1, 2009] to Judicial Council Form
1 PROOF OF SERVICE
2 I declare that I am over the age of eighteen years and not a party to this action. I am
employed in the County of Oklahoma and my business address is 2401 Northwest Twenty-Third
3 Street, Suite 42, Oklahoma City, Oklahoma 73107
4 I served the attached document(s) on November 9, 2020:
5 General Denial
6 on the following parties:
7 Patrick Layman, Esq.
Suttell & Hammer, APC
8 P.O. Box C-90006
Bellevue, WA 98009
9 Attorney for Plaintiff
10  BY FIRST-CLASS MAIL: I am readily familiar with my employer’s practice for the collection and
processing of correspondence for mailing with the U.S. Postal Service. In the ordinary course of business,
11 correspondence would be deposited with the U.S. Postal Service on the day on which it is collected. On the
date written above, following ordinary business practices, I placed for collection and mailing a copy of the
attached document in a sealed envelope, with postage fully prepaid, addressed as shown on the service list. I
12 am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or
postage meter date is more than one day after the date of deposit for mailing contained in this declaration.
13
 BY FACSIMILE: On the date written above, I caused a copy of the attached document to be transmitted to a
fax machine maintained by the person on whom it is served at the fax number shown on the service list. That
14 transmission was reported as complete and without error and a transmission report was properly issued by the
transmitting fax machine.
15  BY HAND DELIVERY: On the date written above, I placed a copy of the attached document in a sealed
envelope, with delivery fees paid or provided for, and arranged for it to be delivered by messenger that same
16 day to the office of the addressee, as shown on the service list.
 BY OVERNIGHT MAIL: I am readily familiar with my employer’s practice for the collection and processing
17 of correspondence for overnight delivery. In the ordinary course of business, correspondence would be
deposited in a box or other facility regularly maintained by the express service carrier or delivered to it by the
18 carrier’s authorized courier on the day on which it is collected.
On the date written above, following ordinary
business practices, I placed for collection and overnight delivery a copy of the attached document in a sealed
envelope, with delivery fees prepaid or provided for, addressed as shown on the service list.
19
I declare under penalty of perjury under the laws of the State of California that the
20 foregoing is true and correct and that this document was executed on November 9, 2020, at
Oklahoma City, Oklahoma.
21
22
23
Tiffany Carberry
24 Paralegal
25
26
27
28
NATIO NA L LI TI GA TIO N LAW
G R O U P , PL L C
-1-
42 S H E P H E R D C E N T E R
2401 NW 23 R D S T .
PROOF OF SERVICE
O K L A H O M A C I T Y , OK 73107
CB LAB ER @ NAT IO NL IT. CO M