BARNETT V DUNN, Et Al. - General Denial - DefaultDMS

PLD-OSO
ATTORNEY OR PARTY WiTHOUT ATTORNEY (Name. Stale Bar number, and addrass) TOR COURT USE ONLY
_ Charles H Bell, Jr , SBN 060553
Brian T Hildreth, SBN 214131
Bell, McAndrews, & Hiltachk, LLP
455 Capitol M a l l , Suite 801, Sacramento, CA 95814
TELEPHONENO 916-442-7757 FAXNO foptona); 916-442-7759
0
E-MAIL ADORESS (OptionaO
ATTORNEY FOR (Namej Defendant, D a m o n Jeirell D u n n (Damon Dunn)
JUN 1 7 2010
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SacramentO
STREETADDRESS 720 N i n t h StTBCt
MAILING ADDRESS 720 N i n t h StTcet
CITYANDZIPCODE Sacramento, C A 95814 L UeDuty Clpri,
BRANCHNAME Gordon D. Schaber

1
PLAINTIFF/PETITIONER Pamela Bamett
DEFENDANT/RESPONDENT Damon Jerrell D u n n (aka Damon Dunn), et al
CASE NUMBER
GENERAL DENIAL 34-2010-00077415
If you want to file a general denial, you MUST use this form if the amount asl<ed for in the complaint or the vaiue of the property
involved IS $1,000 or less
You MAY use this form for a general denial if
1 The complaint is not verified, or
2 The complaint is verified and the case is a limited civil case (the amount in controversy is $25,000 or less),
BUT NOT if the complaint involves a claim for more than $1,000 that has been assigned to a third party for collection
(See Code of Civil Procedure sections 85-86, 90-100,431 30, and 431 40 )
1 DEFENDANT (name) Damon JeiTell Durm (Damon Dunn)

generally denies each and every allegation of plaintiffs compiaint
2 I / I DEFENDANT states the following FACTS as separate affirmative defenses to plaintiffs complaint (attach additional
pages if necessary)-
See Attachment A.
Date 6/17/10
Charles H. Bell, Jr.
(TYPE OR PRINT NAME)
SD^^
(SIGNATURE OF DEFENDANT OR ATTORNEY)
If you have a claim for damages or other relief against the piaintiff, the iaw may require you to state your claim in a speciai pleading
called a cross-complaint or you may lose your nght to bring the claim. (See Code of Civil Procedure sections 426 10-426 40 )
The ongmai of this General Denial must be filed with the clerk of this court with proof that a copy was served on each plaintiffs
attorney and on each plaintiff not represented by an attomey There are two main ways to serve this General Denial- by personai
delivery or by mail It may be served by anyone at least 18 years of age EXCEPT you or any other party to this legal action. Be sure
that whoever serves the General Denial fills out and signs a proof of service You may use the applicable Judiciai Councii form (such
as form POS-020, POS-030, or POS-040) for the proof of service
Page 1 of 1
Form Adopled lor Mandalory Use Code of Civil Procedure, §§ 431 30,431 40
Judiaal Council of Calilomia GENERAL DENIAL mvw courtinio cagov
PLD-G50(Rev January 1,2009]
American LegalNeL Inc
www Formst'Vor/[//aw com
Page 1 of2
ATTACHMENT A
(Attachnient to Form Pld 050 "General Denial")
DEFENDANT DAMON DUNN states the following FACTS as separate affirmative defenses to
Plamtlffs complaint'
FIRST AFFIRMATrS^ DEFENSE

(Failure to State a Cause of Action)
1. As a First and Separate Affirmative Defense, Defendant Damon Durm alleges that
each cause ofaction fails to state facts sufficient to constitute a cause ofaction.
SECOND AFFIRMATIVE DEFENSE

(Laches)
2. As a Second and Separate Affumative Defense, Defendant Damon Dumi alleges

that Plaintiffs delay in bnnging this action, is inexcusable and has caused prejudice to
Defendant Damon Dunn and that each cause ofaction is barred by the doctrine of laches.
THIRD AFFIRMATIVE DEFENSE

(Waiver)
3. As a Third and Separate Affirmative Defense, Defendant Damon Dumi alleges

that each cause ofaction is barred by the doctnne of waiver.
FOURTH AFFIRMATIVE DEFENSE

(Estoppel)
4. As a Fourth and Separate Affirmative Defense, Defendant Damon Dunn alleges

that each cause ofaction is barred by the doctrine of estoppel.
FIFTH AFFIRMATIVE DEFENSE

(Compliance with All Statutes)
5. As a Fifth and Separate Affirmative Defense, Defendant Damon Dumi complied

with all statutory requirements to qualify to be placed on the ballot for the pnmary election and
that any violation or omission was caused by the actions of others for which Defendant Damon
Durni is not liable.
Page 2 of2
ATTACHMENT A
(Attachment to Form Pld 050 "General Denial")
SIXTH AFFIRMATIVE DEFENSE

(Protected First Amendment Activity)
6. As a Sixth and Separate Affirmative Defense, Defendant Damon Dumi alleges

that they are engaging m First Amendment political activity and are protected from litigation
abuse, such as this, by California Code of Civil Procedure section 425.16.
WHEREFORE, Defendant Damon Dunn prays:
1. That plaintiff takes nothing by then- Complaint;
2 That the Complaint, and each purported cause of action contained therein, be
dismissed m its entirety,
3. For such other and fiirther relief as the Court deems just and proper.
1 PROOF OF SERVICE
2
I, the undersigned, declare underpenalty of perjuiy that:
3
I am a citizen ofthe United States, over the age of 18, and not a paity to the within cause
4 ofaction. My business address is 455 Capitol Mall, Suite 801, Sacramento, CA 95814.
5 On June 17,2010,1 sei-ved the following:
6 • GENERAL DENIAL
7 on the following party(ies) m said action:
8 Pamela Bamett Plaintiff

2541 WaiTego Way IN PRO PER
9 Sacramento, CA 95826
Telephone: (415) 846-7170
10 Facsimile. (866) 908-2252
11 Edmund G Brown Attoiiiey for Defendants

Attomey General of Califomia EDMUND G. BROWN JR, Attorney General,
12 Stephen C. Acquisto and DEBRA BOWEN, Secretary of State
Supervismg Deputy Attomey General
13 Anthong P. O'Brien
Deputy Attomey General
14 1300 I Sti-eet, Suite 125
P O. Box 944255
15 Sacramento, CA 94244-2550
Telephone (916) 323-6879
16 Facsimile- (916)324-8835
Email: Anthony.O'Bi-ien@doj ca.gov
17
18 X BY U.S. MAIL: By placmg said docmiient(s) m a sealed envelope and depositing said
envelope, with postage tiiereon fiilly prepaid, m the United States Postal Service mailbox
19
m Sacramento, Cahfomia, addressed to said party(ies), in the ordinary com'se ofbusiness.
20 I am aware that on motion of the party served, service is presumed invalid if postal
cancellation date or postage meter date is more than one day after date of deposit for
21 mailing in affidavit.
22 I declare under penalty of perjury under the laws of the State of California that the
foregoing is ti-ue and correct, and that this declaration was executed on June 17, 2010 at
23 Sacramento, California.
24
25
26
27
28
1
Proof of Service

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PLD-OSO

BRANCHNAME Gordon D. Schaber

1 DEFENDANT (name) Damon JeiTell Durm (Damon Dunn)

FIRST AFFIRMATrS^ DEFENSE

SECOND AFFIRMATIVE DEFENSE

2. As a Second and Separate Affumative Defense, Defendant Damon Dumi alleges

THIRD AFFIRMATIVE DEFENSE

3. As a Third and Separate Affirmative Defense, Defendant Damon Dumi alleges

FOURTH AFFIRMATIVE DEFENSE

4. As a Fourth and Separate Affirmative Defense, Defendant Damon Dunn alleges

FIFTH AFFIRMATIVE DEFENSE

5. As a Fifth and Separate Affirmative Defense, Defendant Damon Dumi complied

SIXTH AFFIRMATIVE DEFENSE

6. As a Sixth and Separate Affirmative Defense, Defendant Damon Dumi alleges

5 On June 17,2010,1 sei-ved the following:

7 on the following party(ies) m said action:

8 Pamela Bamett Plaintiff

11 Edmund G Brown Attoiiiey for Defendants

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