Free Answer to Amended Complaint - District Court of California - California

Case 3:07-cv-02294-L-BLM

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Yuching Huang (California Bar No. 157202) Law Offices of Yuching Huang 1691 East Orangethorpe Avenue Placentia, California 92870-6649 Phone: (714) 577-3911 Fax: (714) 579-0919 E-mail: [email protected] Attorney for Defendants Teco Diagnostics, KC Chen, Tong Chiah, and Jian Yang Vaeches

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

) ) ) ) vs. ) ) TECO DIAGNOSTICS, a California ) corporation; KC CHEN, a natural person; ) TONG CHIAH, a natural person; JIAN ) YANG VAECHES, a natural person; and ) DOES 1-30, ) ) Defendants. ) ____________________________________)

ANTICANCER, INC., a California Corporation, Plaintiff,

Case No.: 07CV2294L (BLM) ANSWER TO SECOND AMENDED COMPLAINT

DEFENDANTS, TECO DIAGNOSTICS, KC CHEN, TONG CHIAH, AND JIAN YANG VAECHES ANSWER THE SECOND AMENDED COMPLAINT OF PLAINTIFF, ANTICANCER, INC. AS FOLLOWS: 1. Defendants deny each and every allegation of the Second Amended Complaint except

paragraphs 5, 6, 7, 8, 12, 13, 14, 15 and 16. 2. Defendants admit the allegations for paragraphs 5, 6, 7, 8, 12, 13, 14, and 15.
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3.

For paragraph 16, Defendants deny the allegations to the extent that it implies that

negotiations broke down before Teco Diagnostics made the public announcement. Defendants otherwise admit the allegations in this paragraph. FIRST AFFIRMATIVE DEFENSE Improper Venue 4. This Court is not the proper venue. This case should be filed with the Central District.

SECOND AFFIRMATIVE DEFENSE Fail to State Cause of Action 5. The complaint is barred by plaintiff's failure to state any cause of action against

Defendants. THIRD AFFIRMATIVE DEFENSE Lack of Standing 6. This complaint is barred by the fact that Plaintiff lacks standing to bring an action as

against the natural person Defendants. These Defendants are not a party to the transaction.

WHEREFORE, Defendants request judgment as follows: 1. That Plaintiff take nothing by the complaint, which will be dismissed with

prejudice as against Defendants. 2. 3. That Defendants recover from Plaintiff costs and reasonable attorney fees. That further relief(s) be granted as the Court may deem just and proper.

Date: February 4, 2008

/S/YuChing Huang/ Attorney for Defendants Teco Diagnostics, KC Chen, Tong Chiah, and Jian Yang Vaeches

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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing ANSWER TO SECOND AMENDED COMPLAINT was this date served upon all counsel of record by placing a copy of the same in the United States Mail, postage prepaid, and sent to their last known address as follows:

Daniel Lawton, Esq. Joseph C. Kracht, Esq. LAWTON LAW FIRM 550 West C Street, Suite1400 San Diego, CA 92101

February 4, 2008, at Placentia, California

/s/YuChing Huang/ Yuching Huang For Defendants: Teco Diagnostics, KC Chen, Tong Chiah, and Jian Yang Vaeches

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