On August 24, 2021 a
Answer
was filed
involving a dispute between
Mendez, Andres P,
and
Catalan, Jose,
Catalan, Maria M,
Lagunas, Guadalupe,
for Unlimited Breach of Contract/Warranty (06)
in the District Court of Santa Barbara County.
Preview
PLD-C-01 0
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND
menses). TELEPHONE: I 805) 965-4540 “JRCOURT USE ONL Y
JAN ERIC KAESTNER SBN: 171462 ELECTRONICALLY FILED
GHITTERMAN. GHITTERMAN & FELD Superior Court of California
418 E. Canon Perdido St. Santa Barbara, CA 93101 County of Santa Barbara
ATTORNEY FOR (NAMEJ' MARIA CATALAN Darrel E. Parker, Executive Officer
Insert name of court. judicial district or branch court. if 11/4/2021 11:36 PM
any. and post office and street
address: By: Narzralli Baksh, Deputy
SUPERIOR COURT OF CALIFORNIA-SANTA BARBARA COUNTY
1100 ANACAPA STREET
SANTA BARBARA. CA 93101
PLAINTIFF: ANDRES P MENDEZ
DEFENDANT: MARIA CATALAN: et al.
ANSWER—Contract
E] TO COMPLAINT OF (name): ANDRES P MENDEZ
use NUMBER
21 CV03401
_:I TO CROSS-COMPLAINT (name):
1. This pleading. including attachments and exhibits. consists of the
following number of pages:2
2. DEFENDANT (name): MARIA CATALAN
answers the complaint or cross-complaint as follows:
3. Check ONLY ONE of the next two boxes:
a. II] 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. C] Defendant admits that all of the statements of the complaint or
cross-complaint are tme EXCEPT:
(1) Defendant claims the following statements are false (use
paragraph numbers or explain):
l: 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):
[3 Continued on Attachment 3.b.(2).
It this term is used to answer a cross-mmplamt. plaintitl means
crane-complainant and defendant means close-defendant.
Form Approved for Oplionel Use Page 1 1112
Code of Civil Procedure. 5 425.12
Judicial Council of California
PLO-0010 (Rev. January 1.2007]
ANSWER—Co ntract www.mumcargov
PLD-C-Ofll
suonr TITLE:
CASE NUMBER.-
MENDEZ v.CATALAN 21CV03401
ANSWER—Contract
4. AFFIRMATIVE DEFENSES Defendant alleges the following additional reasons that plaintiff is not entitled to recover
anything:
(1.) Plaintiff's complaint and each cause of action therein have failed to state facts sufficient to constitute a cause of action
against answering defendant;
(2.) Plaintiff's complaint and the causes of action therein. and each of them. are barred by the statute of limitations of the
Code of Civil Procedure, including but not limited to. CCP §337 and CCP
§339.1:
(3.) Plaintiff is barred from recovery under any purported oral agreement by Civil Code §1624 (a)(1) [Statute of
Frauds]:
(4.) Plaintiff unreasonably delayed asserting his claim to a degree that defendant has been prejudiced by such
delay
[Laches]:
(5.) Plaintiff became indebted to another person for money. he provided to defendant in 2007. which he now seeks to
recover from defendant despite that such debt has since been
discharged. forgiven or has otherwise become uncollectable
against Plaintiff and Plaintiff would thereby be unjustly enriched by any recovery against defendant
[Unjust Enrichment]:
(6.) Plaintiff's conduct after providing money to defendant in 2007 has been unlawful or unethical to an extent such that he
may not maintain any action or cause of action in equity [Unclean Hands]:
(7.) Plaintiff is not the original creditor of the funds he seeks to collect from defendant and therefore has no
standing
(8.) Any purported oral agreement between the parties is void as a matter of law andior public
policy and. as such. Plaintiff
may not recover any amount from defendant
(9.) Plaintiff made misrepresentations of material fact upon which defendant relied to her detriment and
plaintiff should
therefore be estopped from recovery of some or all of the amounts
sought in plaintiff‘s complaint [Equitable Estoppel]
E Continued on Attachment 4.
5.
m Other
Under the provisions of CCP §431.30. each and every
allegation and all of the allegations and each cause of action in the
complaint and the whole of the complaint are all generally denied and it is expressly denied that plaintiff sustained
any
injury or damage in the amount alleged or in any amount at all as a consequence of defendant's actions or omissions.
Further, the complaint is ambiguous andlor incomplete to such a degree that defendant could not
fully comprehend and
respond to each allegation. The defendant requests that the court grant leave to amend this answer with additional
defenses as such become known to defendant through
discovery or othewvise.
6. DEFENDANT PRAYS
a. that plaintiff take nothing.
b. E for costs of suit.
c. E Other (speciM:
FOR sucn AND FuRIj-Igfi TE QQURT DEEMS REASONABLE AND Jusr
_R_E_I_.iE_I_=_A§
JAN ERIC KAESTNER
(Type or print name)
lure of party or Manley]
FUN-MW" "Whit?! ANSWER—Contract
/
Document Filed Date
November 04, 2021
Case Filing Date
August 24, 2021
Category
Unlimited Breach of Contract/Warranty (06)
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PLD-C-01 0 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND menses). TELEPHONE: I 805) 965-4540 “JRCOURT USE ONL Y JAN ERIC KAESTNER SBN: 171462 ELECTRONICALLY FILED GHITTERMAN. GHITTERMAN & FELD Superior Court of California 418 E. Canon Perdido St. Santa Barbara, CA 93101 County of Santa Barbara ATTORNEY FOR (NAMEJ' MARIA CATALAN Darrel E. Parker, Executive Officer Insert name of court. judicial district or branch court. if 11/4/2021 11:36 PM any. and post office and street address: By: Narzralli Baksh, Deputy SUPERIOR COURT OF CALIFORNIA-SANTA BARBARA COUNTY 1100 ANACAPA STREET SANTA BARBARA. CA 93101 PLAINTIFF: ANDRES P MENDEZ DEFENDANT: MARIA CATALAN: et al. ANSWER—Contract E] TO COMPLAINT OF (name): ANDRES P MENDEZ use NUMBER 21 CV03401 _:I TO CROSS-COMPLAINT (name): 1. This pleading. including attachments and exhibits. consists of the following number of pages:2 2. DEFENDANT (name): MARIA CATALAN answers the complaint or cross-complaint as follows: 3. Check ONLY ONE of the next two boxes: a. II] 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. C] Defendant admits that all of the statements of the complaint or cross-complaint are tme EXCEPT: (1) Defendant claims the following statements are false (use paragraph numbers or explain): l: 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): [3 Continued on Attachment 3.b.(2). It this term is used to answer a cross-mmplamt. plaintitl means crane-complainant and defendant means close-defendant. Form Approved for Oplionel Use Page 1 1112 Code of Civil Procedure. 5 425.12 Judicial Council of California PLO-0010 (Rev. January 1.2007] ANSWER—Co ntract www.mumcargov PLD-C-Ofll suonr TITLE: CASE NUMBER.- MENDEZ v.CATALAN 21CV03401 ANSWER—Contract 4. AFFIRMATIVE DEFENSES Defendant alleges the following additional reasons that plaintiff is not entitled to recover anything: (1.) Plaintiff's complaint and each cause of action therein have failed to state facts sufficient to constitute a cause of action against answering defendant; (2.) Plaintiff's complaint and the causes of action therein. and each of them. are barred by the statute of limitations of the Code of Civil Procedure, including but not limited to. CCP §337 and CCP §339.1: (3.) Plaintiff is barred from recovery under any purported oral agreement by Civil Code §1624 (a)(1) [Statute of Frauds]: (4.) Plaintiff unreasonably delayed asserting his claim to a degree that defendant has been prejudiced by such delay [Laches]: (5.) Plaintiff became indebted to another person for money. he provided to defendant in 2007. which he now seeks to recover from defendant despite that such debt has since been discharged. forgiven or has otherwise become uncollectable against Plaintiff and Plaintiff would thereby be unjustly enriched by any recovery against defendant [Unjust Enrichment]: (6.) Plaintiff's conduct after providing money to defendant in 2007 has been unlawful or unethical to an extent such that he may not maintain any action or cause of action in equity [Unclean Hands]: (7.) Plaintiff is not the original creditor of the funds he seeks to collect from defendant and therefore has no standing (8.) Any purported oral agreement between the parties is void as a matter of law andior public policy and. as such. Plaintiff may not recover any amount from defendant (9.) Plaintiff made misrepresentations of material fact upon which defendant relied to her detriment and plaintiff should therefore be estopped from recovery of some or all of the amounts sought in plaintiff‘s complaint [Equitable Estoppel] E Continued on Attachment 4. 5. m Other Under the provisions of CCP §431.30. each and every allegation and all of the allegations and each cause of action in the complaint and the whole of the complaint are all generally denied and it is expressly denied that plaintiff sustained any injury or damage in the amount alleged or in any amount at all as a consequence of defendant's actions or omissions. Further, the complaint is ambiguous andlor incomplete to such a degree that defendant could not fully comprehend and respond to each allegation. The defendant requests that the court grant leave to amend this answer with additional defenses as such become known to defendant through discovery or othewvise. 6. DEFENDANT PRAYS a. that plaintiff take nothing. b. E for costs of suit. c. E Other (speciM: FOR sucn AND FuRIj-Igfi TE QQURT DEEMS REASONABLE AND Jusr _R_E_I_.iE_I_=_A§ JAN ERIC KAESTNER (Type or print name) lure of party or Manley] FUN-MW" "Whit?! ANSWER—Contract /