. . ?0955395- 2 ILED DEEPTI GARG 3 In Pro Per ALAMEDA COUNTY 27659 Persimmon Drive 4 Hayward, CA 94544 4 2012 Telephone: (408) 800-2975 A 5 CLERK OF SUPERIOR COURT STATE OF CALIFORNIA [225 HimLIMITED CIVIL JURISDICTION l0 HAYWARD BRANCH I I l2 CANVAS a California CASE HG-12-6S4259 I3 Corporation; ANSWER TO COMPLAINT 14 Plaintiff, l5 vs. Limited Civil Jurisdiction 16 DEEPTI l7 Defendant. l8 l9 Defendant DEEPTI GARG (?Defendant?), in reply to the Complaint for Damages ?eld by 20 Plaintiff CANVAS INFOTECH, INC. ("Plaintiff") states as followsPursuant to Code of CIVII Procedure Section 43 Defendant denies generally and 23 speci?cally each and every allegation contained in each and every paragraph of the Complaint and 24 speci?cally denies that any damage, whether in the amount set forth in the Complaint. or in any other 25 sum, or at all. has been caused by reason of any act or omission on the part of Defendant. or on the part 26 27 28 of any of Defendant's agents, servants or employees. ANSWER TO COMPLAINT 9 1 2 AFFIRMATIVE DEFENSES 3 FIRST AFFIRMATIVE DEFENSE 4 5 (Failure to State a Cause of Action) Plaintiff?s Complaint and each purported cause of actron therein, fails to state facts to 7 constitute a cause of action against Defendant. 8 SECOND AFFIRMATIVE DEFENSE 9 (Unclean Hands) 10 Defendant is informed and believe, and upon such information and belief allege, that Plaintiff . . . . . . . . 1 1 has not come into Court w1th clean hands in that It has vrolated a number of and dutres owrng to 12 Defendant and cannot now complain of the acts alleged in the Complaint. 13 THIRD AFFIRMATIVE DEFENSE l4 (Waiver) 15 Without in any way acknowledging that Defendant committed any of the acts alleged in Plaintiff?s Complaint or that such acts occurred in the manner alleged or at all, Defendant hereby . . . . 17 alleges that Plaintiff, both expressly and through its conduct, waived its right to complain of the conduct 18 alleged in the Complaint. 19 FOURTH AFFIRMATIVE DEFENSE 20 (Estoppel) 21 Without in any way acknowledging that Defendant committed any of the acts alleged in Plaintiffs Complaint or that such acts occurred in the manner alleged or at all, Defendant hereby 23 alleges that because of its acts and conduct, Plaintiff is estopped to complain of Defendant?s conduct, as 24 alleged in the Complaint. 25 FIFTH AFFIRMATIVE DEFENSE 26 (Doctrine Of Laches) 27 Defendant is informed and believes, and upon such information and belief alleges, that Plaintiff?s Complaint and each purported cause of action thereof is barred by the doctrine of laches in that Plaintiff unreasonably delayed in bringing this action and such delay caused prejudice to 2 ANSWER TO COMPLAINT Defendant. SIXTH AFFIRMATIVE DEFENSE (Conduct) Defendant is informed and believes and thereon alleges that the conduct of Plaintiff, or persons or entities whose conduct is imputable to it, precludes recovery by Plaintiff against Defendant for any . . 8 claims asserted hereln. 9 SEVENTH AFFIRMATIVE DEFENSE 10 (Consent) Without in any way acknowledging that Defendant committed any of the acts alleged in the 12 Complaint or that such acts occurred in the manner alleged or at all, Defendant alleges that Plaintiff, 13 both expressly and through its conduct, consented to the conduct alleged in the Complaint, and is 14 therefore barred from any recovery. 15 EIGHTH AFFIRMATIVE DEFENSE 16 (Failure To Perform) 17 If, as is alleged in Plaintiff?s Complaint, Defendant failed to perform an obligation as alleged by Plaintiff, such failure resulted from Plaintiff?s own failure to perform its duties and obligations under 19 the alleged contract sued on, if any, and performance on Plaintiff?s part of her duties and obligations 20 were a condition precedent to the performance of Defendant?s obligations to Plaintiff under the 21 contract, if any. 22 NINTH AFFIRMATIVE DEFENSE 23 (Performance Excused) The Complaint, and each purported cause of action thereof, is barred and fails to state a cause 25 of action in that the contract, if any, upon which the Complaint is based was never fully performed by 26 Plaintiff and therefore the performance of Defendant is excused. 27 28 TENTH AFFIRMATIVE DEFENSE 3 ANSWER TO COMPLAINT 0 1 2 (Complete Performance) 3 Defendant has appropriately, completely, and fully performed, satis?ed, and/or discharged any and all obligations and legal duties arising out of the matters alleged in the Complaint, and thus Plaintiff?s claims are barred. 6 ELEVENTH AFFIRMATIVE DEFENSE 7 (Breach of Covenant of Good Faith and Fair Dealing) 8 Without in any way acknowledging that Defendant committed any of the acts alleged in Plaintiff?s Complaint or that such acts occurred in the manner alleged or at all, Defendant 10 hereby alleges that Plaintiff? 5 right to recovery, if any, is barred by its own acts of duress, fraud, 1 1 unconscionability, and its breach of the covenant of good faith and fair dealing. 12 TWELFTH AFFIRMATIVE DEFENSE 13 14 (Uncnforccable/Illcgal Contract) 15 Portions of the alleged contract, if any, are unenforceable, unconscionable, and/or illegal, and 16 thus said alleged agreements cannot form the basis for any liability on the part of Defendant. l7 THIRTEENTH AFFIRMATIVE DEFENSE 18 (Failure to Mitigate DamagesPlaintiff failed and neglected to use reasonable care to protect itself and to mlnimlze its losses 20 and damages, if any there are. 21 FOURTEENTH AFFIRMATIVE DEFENSE 22 (Setoff) Plaintiff is indebted to Defendant and/or its conduct and actions makes it legally liable to 4 Defendant, and thus Defendant is entitled to a setoff against any recovery by Plaintiff, pursuant to Codze 25 of Civil Procedure Section 431.70, 26 27 28 FIFTEENTH AFFIRMATIVE DEFENSE 4 ANSWER TO COMPLAINT Additional Defenses Defendant alleges that all possible af?rrnative defenses may not have been alleged herein insofar as suf?cient facts were not available after reasonable inquiry upon the ?ling of this Answer; 6 therefore Defendant reserves the right to amend her Answer to allege additional af?rmative defenses, if additional subsequent investigation so warrants. PRAYER FOR RELIEF WHEREFORE, Defendant prays for relief as followsDATED: December 2012 For Judgment in favor of Defendant and against Plaintiff; That Plaintiff take nothing by way of its Complaint; For trial by jury; For costs of suit; For reasonable attorneys? fees as allowed by contract or law; and For such other and further relief as the Court may deem just and proper under the circumstances. DEEPTI GARG, in Pro Per 7 8 ANSWER TO COMPLAINT