Free Answer to Complaint - District Court of California - California

Case 5:07-cv-04909-JF

Document 26

Filed 02/28/2008

Page 1 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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 COMPLAINT; DEMAND FOR JURY TRIAL

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

Defendant, Luis Medrano, hereby answers the complaint against him in the abovecaptioned matter as follows: 1. In response to paragraph 1 of the complaint, Defendant admits the allegations. 2. In response to paragraph 2 of the complaint, Defendant admits the allegations. 3. In response to paragraph 3 of the complaint, Defendant denies the allegations. 4. In response to paragraph 4 of the complaint, Defendant denies the allegations. 5. In response to paragraph 5 of the complaint, Defendant admits that Plaintiff is
Answer to Complaint; Demand for Jury Trial

1

Case No. C 07 4909 JF

Case 5:07-cv-04909-JF

Document 26

Filed 02/28/2008

Page 2 of 6

1

alleging damages in excess of the statutory threshold and admits that there is diversity of

2 citizenship between Plaintiffs and Defendants. 3 6. In response to paragraph 6 of the complaint, Defendant admits that the amount

4 in controversy exceeds the statutory threshold in that Plaintiff is alleging damages in excess 5 of $75,000.00. 6 7. In response to paragraph 7 of the complaint, Defendant denies that Lisa

7 Medrano is a resident of the County of Monterey, but admits the remainder of the 8 allegations. 9 8. In response to paragraph 8 of the complaint, Defendant denies that Lisa

10 Medrano is a resident of the County of Monterey, but admits the remainder of the 11 allegations. 12 9. In response to paragraph 9 of the complaint, Defendant denies that Lisa

13 Medrano is a resident of the County of Monterey, but admits the remainder of the 14 allegations. 15 16 10. In response to paragraph 10 of the complaint, Defendant admits the allegations. 11. In response to paragraph 11 of the complaint, Defendant admits that an annuity

17 policy was issued on or about December 1, 1981, and that the annuitant under the terms 18 of the policy was a minor with the initials "V.M.", but lacks sufficient knowledge or 19 information to form a belief as to the truth of the remainder of the allegations. 20 21 12. In response to paragraph 12 of the complaint, Defendant admits the allegations. 13. In response to paragraph 13 of the complaint, Defendant admits that the

22 allegations set forth therein are an accurate representation of the terms of the document 23 attached as Exhibit A to the complaint. 24 14. In response to paragraph 14 of the complaint, Defendant admits that the

25 allegations set forth therein are an accurate representation of the terms of the document 26 attached as Exhibit A to the complaint. 27 28 15. In response to paragraph 15 of the complaint, Defendant denies the allegations. 16. In response to paragraph 16 of the complaint, Defendant admits that the
Answer to Complaint; Demand for Jury Trial

2

Case No. C 07 4909 JF

Case 5:07-cv-04909-JF

Document 26

Filed 02/28/2008

Page 3 of 6

1 Annuitant passed away on June 15, 1995, but lacks sufficient knowledge or information to 2 form a belief as to the truth of the remainder of the allegations. 3 17. In response to paragraph 17 of the complaint, Defendant denies the allegation,

4 insofar as it alleges that neither Defendant ever communicated to MetLife that Annuitant 5 was deceased. 6 18. In response to paragraph 18 of the complaint, Defendant admits that MetLife

7 made payments from December 1, 2001 until August 1, 2007, but lacks sufficient 8 knowledge or information to form a belief as to the truth of the remainder of the allegations. 9 19. In response to paragraph 19 of the complaint, Defendant admits that checks

10 were accepted throughout the stated time periods, but lacks sufficient knowledge or 11 information to form a belief as to the truth of the remainder of the allegations. 12 20. In response to paragraph 20 of the complaint, Defendant lacks sufficient

13 knowledge or information to form a belief as to the truth of the allegations. 14 21. In response to paragraph 21 of the complaint, Defendant admits that he

15 received a letter containing such statements, or statements of reasonably similar substance. 16 22. In response to paragraph 22 of the complaint, Defendant lacks sufficient

17 knowledge or information to form a belief as to the truth of the allegations. 18 23. In response to paragraph 23 of the complaint, Defendant admits that the

19 Annuitant passed away on the stated date, but lacks sufficient knowledge or information to 20 form a belief as to the truth of the remainder of the allegations. 21 24. In response to paragraph 24 of the complaint, Defendant admits that he drafted

22 a July 3, 2007 handwritten request, but denies the remainder of the allegations. 23 24 25 25. In response to paragraph 25 of the complaint, Defendant admits the allegations. 26. In response to paragraph 26 of the complaint, Defendant admits the allegations. 27. In response to paragraph 27 of the complaint, Defendant admits that Plaintiff

26 is re-alleging the allegations contained in the referenced paragraphs, and Defendant 27 incorporates herein his previous responses to each of those paragraphs. 28 28. In response to paragraph 28 of the complaint, Defendant admits the allegations.
Answer to Complaint; Demand for Jury Trial

3

Case No. C 07 4909 JF

Case 5:07-cv-04909-JF

Document 26

Filed 02/28/2008

Page 4 of 6

1 2 3

29. In response to paragraph 29 of the complaint, Defendant denies the allegations. 30. In response to paragraph 30 of the complaint, Defendant denies the allegations. 31. In response to paragraph 31of the complaint, Defendant admits that Plaintiff is

4 re-alleging the allegations contained in the referenced paragraphs, and Defendant 5 incorporates herein his previous responses to each of those paragraphs. 6 7 8 32. In response to paragraph 32 of the complaint, Defendant denies the allegations. 33. In response to paragraph 33 of the complaint, Defendant denies the allegations. 34. In response to paragraph 34 of the complaint, Defendant admits that Plaintiff is

9 re-alleging the allegations contained in the referenced paragraphs, and Defendant 10 incorporates herein his previous responses to each of those paragraphs. 11 12 13 14 AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE: As a first affirmative defense, Defendant asserts 35. In response to paragraph 35 of the complaint, Defendant denies the allegations.

15 that the complaint, and each claim contained therein, fails to state a claim for which relief 16 can be granted. 17 SECOND AFFIRMATIVE DEFENSE: As a second affirmative defense, Defendant

18 asserts that each of the Plaintiff's claims is barred by the applicable statute of limitations. 19 THIRD AFFIRMATIVE DEFENSE: As a third affirmative defense, Defendant asserts

20 that Plaintiff has prejudicially delayed bringing its claims, and therefore each of the Plaintiff's 21 claims is barred by the doctrine of laches. 22 FOURTH AFFIRMATIVE DEFENSE: As a fourth affirmative defense, Defendant

23 asserts that the overpayments made by Plaintiff, if any, were received by Defendant under 24 the good faith belief that said payments were to be applied toward a preexisting debt or 25 obligation owed to Defendant by Plaintiff, and therefore Plaintiff's claims are barred by the 26 doctrine of discharge for value. 27 FIFTH AFFIRMATIVE DEFENSE: As a fifth affirmative defense, Defendant asserts

28 that he relied to his detriment on the payments made by Plaintiff, and therefore Plaintiff's
Answer to Complaint; Demand for Jury Trial

4

Case No. C 07 4909 JF

Case 5:07-cv-04909-JF

Document 26

Filed 02/28/2008

Page 5 of 6

1 claims are barred by the doctrine of estoppel. 2 SIXTH AFFIRMATIVE DEFENSE: As a sixth affirmative defense, Defendant

3 asserts that Plaintiff has, by its own previous conduct, knowingly and intelligently waived 4 the claims set forth in the complaint. 5 SEVENTH AFFIRMATIVE DEFENSE: As a seventh affirmative defense, Defendant

6 asserts that Plaintiff failed and neglected to take reasonable efforts to minimize and mitigate 7 the losses, injuries, and damages complained of, if any there are. 8 EIGHTH AFFIRMATIVE DEFENSE: As an eighth affirmative defense, Defendant

9 asserts that he possesses legal and equitable rights of offset against the amount claimed 10 by Plaintiff, and any recovery by Plaintiff must be barred or reduced accordingly. 11 NINTH AFFIRMATIVE DEFENSE: As a ninth affirmative defense, Defendant asserts

12 that Plaintiff's damages were caused, in whole or in part, by Plaintiff's own negligent 13 conduct. 14 TENTH AFFIRMATIVE DEFENSE: As a tenth affirmative defense, Defendant

15 asserts that Plaintiff is in material breach of the contract upon which it sues. 16 ELEVENTH AFFIRMATIVE DEFENSE: As an eleventh affirmative defense,

17 Defendant asserts that Plaintiff's claims are barred by the doctrine of unclean hands. 18 19 20 Wherefore, Defendant prays judgment as follows: 1. That Plaintiff take nothing by way of its complaint, and that judgment be entered

21 against Plaintiff and in favor of Defendant; 22 23 24 25 26 DEMAND FOR JURY TRIAL Defendant, Luis Medrano, hereby demands a trial by jury for all claims asserted against 2. For attorney's fees and costs of suit; 3. For such other and further relief as the Court deems just and proper.

27 him in this action. 28
Answer to Complaint; Demand for Jury Trial

5

Case No. C 07 4909 JF

Case 5:07-cv-04909-JF

Document 26

Filed 02/28/2008

Page 6 of 6

1 Dated: February 27, 2008 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Answer to Complaint; Demand for Jury Trial

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

-6-

Case No. C 07 4909 JF