Free Answer to to CrossClaim - District Court of California - California

Case 5:07-cv-04909-JF

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Filed 02/28/2008

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Nicholas G. Emanuel (Bar No. 238019) THE LAW OFFICE OF NICHOLAS G. EMANUEL 510 N. First Street, Suite 214 San Jose, California 95112 Tel: (408) 279-2060 Fax: (408) 279-2094 [email protected] Attorney for Defendant, LUIS MEDRANO

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - SAN JOSE DIVISION

METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff, vs.

CASE NO. C 07 4909 JF

ANSWER TO CROSS-CLAIM; DEMAND FOR JURY TRIAL

LUIS MEDRANO and LISA MEDRANO, INDIVIDUALLY and AS THE ADMINISTRATORS OF THE ESTATE OF VM, Defendants. ______________________________ AND RELATED CROSS-CLAIM

Cross-Defendant, Luis Medrano, hereby answers the cross-claim against him in the above-captioned matter as follows: 1. In response to paragraph 1 of the cross-claim, Cross-Defendant admits the

25 allegations. 26 2. In response to paragraph 2 of the cross-claim, Cross-Defendant admits the

27 allegations. 28 3. In response to paragraph 3 of the cross-claim, Cross-Defendant denies the 1

Case 5:07-cv-04909-JF

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allegations. 4. In response to paragraph 4 of the cross-claim, Cross-Defendant denies the

3 allegations. 4 5. In response to paragraph 5 of the cross-claim, Cross-Defendant denies the

5 allegations. 6 7 AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE: As a first affirmative defense, Cross-Defendant

8 asserts that the cross-claim fails to state a claim for which relief can be granted. 9 SECOND AFFIRMATIVE DEFENSE: As a second affirmative defense, Cross-

10 Defendant asserts that the cross-claim is barred by the applicable statute of limitations. 11 THIRD AFFIRMATIVE DEFENSE: As a third affirmative defense, Cross-Defendant

12 asserts that Cross-Claimant has prejudicially delayed bringing her claims, and therefore the 13 cross-claim is barred by the doctrine of laches. 14 FOURTH AFFIRMATIVE DEFENSE: As a fourth affirmative defense, Cross-

15 Defendant asserts that Cross-Claimant is estopped by her own previous conduct from 16 asserting her claims. 17 FIFTH AFFIRMATIVE DEFENSE: As a fifth affirmative defense, Cross-Defendant

18 asserts that Cross-Claimant has, by her own previous conduct, knowingly and intelligently 19 waived the claims set forth in the cross-claim. 20 SIXTH AFFIRMATIVE DEFENSE: As a sixth affirmative defense, Cross-Defendant

21 asserts that Cross-Claimant failed and neglected to take reasonable efforts to minimize and 22 mitigate the losses, injuries, and damages complained of, if any there are. 23 SEVENTH AFFIRMATIVE DEFENSE: As a seventh affirmative defense, Cross-

24 Defendant asserts that he possesses legal and equitable rights of offset against the amount 25 claimed by Cross-Claimant, and any recovery by Cross-Claimant must be barred or reduced 26 accordingly. 27 EIGHTH AFFIRMATIVE DEFENSE: As an eighth affirmative defense, Cross-

28 Defendant asserts that Cross-Claimant's damages were caused, in whole or in part, by her
Answer to Cross-Claim; Demand for Jury Trial

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Case No. C 07 4909 JF

Case 5:07-cv-04909-JF

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1 own negligent conduct. 2 NINTH AFFIRMATIVE DEFENSE: As a ninth affirmative defense, Cross-Defendant

3 asserts that Cross-Claimant's claims are barred by the doctrine of unclean hands. 4 5 6 7 Wherefore, Cross-Defendant prays judgment as follows: 1. That Cross-Claimant take nothing by way of her complaint, and that judgment

8 be entered against Cross-Claimant and in favor of Cross-Defendant; 9 10 11 12 13 DEMAND FOR JURY TRIAL Cross-Defendant, Luis Medrano, hereby demands a trial by jury for all claims asserted 2. For attorney's fees and costs of suit; 3. For such other and further relief as the Court deems just and proper.

14 against him in the cross-claim. 15 16 Dated: February 27, 2008 17 18 19 20 21 22 23 24 25 26 27 28
Answer to Cross-Claim; Demand for Jury Trial

THE LAW OFFICE OF NICHOLAS G. EMANUEL /s/ Nicholas Emanuel _______________________ Nicholas G. Emanuel

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Case No. C 07 4909 JF