The motion to intervene is granted. The intervenor may file her answer in intervention in the form submitted on December 16, 2020. The proposed order is signed as modified to conform to that ruling. Analysis: The revised proposed answer is an improvement over the original version, but defects appear to remain. Other than denials, the only material allegations in an answer relate to “new matter constituting a defense.” (Code Civ. Proc., § 431.30, subd. (b)(2).) Only a factual contention on which a defendant has the burden of proof at trial constitutes “new matter” that is properly pled in an answer as an affirmative defense. (Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 239.) An allegation that the complaint fails to state a cause of action is not such a factual contention, and thus is not an affirmative defense. (## 2 & 3.) And without leave of court, there is no “right” to assert affirmative defenses that were not pled in a timely fashion. (#15.) Nevertheless, to avoid furthe