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Name Address

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO CENTRAL COURTHOUSE LIMITED

PLAINTIFF NAME, Plaintiff,

) Case No. XXXXXXXXXXXX ) ) DEFENDANT Name ANSWER TO

vs.

) PLAINTIFFS COMPLAINT )

Defendant Name (s), Defendant,

) ) ) DEFENDANT REQUESTS TRIAL BY JURY ) HER PEERS OF Action Filed: Date Case Filed

TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE Defendant Name, hereinafter, Defendant, answers the complaint of Plaintiff NAME, hereinafter, Plaintiff, Defendant requests Trial by Jury of her peers.

ANSWER TO PLAINTIFFS COMPLAINT

1.

Plaintiff alleges that Defendant has become indebted to Plaintiff within the last four years on an open book account for money. Defendant DENIES. Plaintiff fails to state sufficient facts to constitute any cause of action against moving Defendant. ( Cal. Civ.
DEFENDANT Name ANSWER TO PLAINTIFFS COMPLAINT -1

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Code 430.10 (e).) There are no facts on the record to support this allegation. Only facts produced by a competent fact witness are admissible. The papers and statements of council are not facts before the court. See Trinsey v. Pagliaro, 229 F. Supp. 647, 649 (D. Pa. 1964). Plaintiff alleges that Defendant has become indebted to Plaintiff within the last four years because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant and for which defendant was indebted to plaintiff. Defendant DENIES. Plaintiff fails to state sufficient facts to constitute any cause of action against moving Defendant. ( Cal. Civ. Code 430.10 (e).) There are no facts on the record to support this allegation. Only facts produced by a competent fact witness are admissible. The papers and statements of council are not facts before the court. See Trinsey v. Pagliaro, 229 F. Supp. 647, 649 (D. Pa. 1964).

Plaintiff alleges that Defendant has become indebted to Plaintiff within the last four years for money paid, laid out, and expended to or for Defendant at Defendants special instance and request, yet fails to produce any documentation to support said allegations. Defendant DENIES. Plaintiff fails to state sufficient facts to constitute any cause of action against moving Defendant. ( Cal. Civ. Code 430.10 (e).) There are no facts on the record to support this allegation. Only facts produced by a competent fact witness are admissible. The papers and statements of council are not facts before the court. See Trinsey v. Pagliaro, 229 F. Supp. 647, 649 (D. Pa. 1964).

WHEREFORE, Defendant prays for judgment as follows:

1.

Judgment rendered in the Defendants favor and Plaintiffs complaint is dismissed WITH PREJUDICE, as Plaintiff fails to state sufficient facts to constitute any cause of action

DEFENDANT Name ANSWER TO PLAINTIFFS COMPLAINT -2

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against Defendant. ( Cal. Civ. Code 430.10 (e)). There are no FACTS on the record or before the court and nothing to which the court could apply the law. 2. That Defendant is awarded costs of suit and such relief the court deems just and proper for having to defend this frivolous lawsuit.

Dated: Date signed

Respectfully submitted, All Rights Reserved

_________________________ Defendant Name

Defendant Address

DEFENDANT Name ANSWER TO PLAINTIFFS COMPLAINT -3

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Verification of Pleading

I, Defendants Name, have read the foregoing and I know the contents thereof; that the pleading is true of my own knowledge, except as to those matters stated on information and belief, and that as to such matters I believe it to be true.

Dated: Date Signed

Respectfully submitted, All Rights Reserved

_________________________ Defendant Name

Defendant Address

DEFENDANT Name ANSWER TO PLAINTIFFS COMPLAINT -4