Legal Question in Consumer Law in California

Affimative Defences

In answering an unverified complaint, and if answered generally, does one (the defendant) waive rights to affirmative defenses if they are not included as part of the Answer?

And more specifically, if 'yes' must statues relating to such affirmative defenses be stated, or can statues be stated later in making one's case?

Your answers and help, appreciated and with thanks in advance.


Asked on 7/01/08, 6:36 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Affimative Defences

Yes, you likely will be held to have waived any affirmative defenses not set forth in your answer. ** Talk to a lawyer in person ** because the lawyer might be able to find affirmative defenses and causes of action that you might overlook.

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Answered on 7/01/08, 6:51 pm


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