THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF MULTNOMAH

BRIAN JACKSON, Case No. 19CV26727
Plaintiff, ANSWER AND
AFFIRMATIVE DEFENSES TO
COMPLAINT
INCOME PROPERTY MANAGEMENT
CORPORATION,
Defendant.

 

 

 

 

Defendant Income Property Management Corporation hereby answers Plaintiffs
complaint as follows:

1.

Defendant admits plaintiff is a tenant at theYards Apartment building in Portland,
Oregon. Defendant lacks suf?cient foundation to admit or deny the remaining allegations in
paragraph 1 of plaintiffs complaint and on that basis defendant denies all such remaining
allegations.

2.
Defendant admits the allegations in paragraph 2 of plaintiffs complaint.
3.

Defendant admits the Yards Apartments is located at 945 NW Naito Parkway, Portland,
OR 97209. Defendant cannot admit or deny that the property is largely comprised of low income
tenants as alleged by plaintiff on the grounds that privacy concerns prohibit defendant from
disclosing any information about other tenants. Defendant denies each and every remaining

claim in paragraph 3 of plaintiff complaint.
PAGE 1 ANSWER AND AFFIRMATIVE GREENSPOON MARDER LLP

1211 sw. AVENUE, Sum: 2850

DEFENSES TO COMPLAINT PORTLAND, OR 97202

PHONE: (503) 227?2805
FACSIMILE: (954) 333-4238

 





Defendant admits plaintiff has made prior complaints. Defendant denies all remaining
allegations in paragraph 4 of plaintiff complaint.
5.
Defendant denies each and every allegation in paragraph 5 of plaintiffs complaint.
6.
Defendant denies each and every allegation in paragraph 6 of plaintiff?s complaint
7.

Defendant denies each and every allegation in paragraph 7 of plaintiff?s complaint and
denies plaintiff is entitled to their reasonable attorney fees under pursuant to the statutes stated
therein.

8.
First Affirmative Defense Failure to State a Claim

As a separate af?rmative defense to plaintiff complaint on ?le herein, Defendant asserts
that plaintiff has failed to state a claim upon which relief may be granted

9.
Second Af?rmative Defense Unclean Hands, Laches and Estoppel

As a separate af?rmative defense to plaintiff complaint on ?le herein, Defendant
believes and alleges that by reason of plaintiff?s actions constituting tortious conduct, waiver,
unclean hands, and laches, plaintiff is estopped to assert any right for relief.

10.
Third Affirmative Defense Failure to Mitigate

As a separate af?rmative defense to plaintiff?s complaint on ?le herein, Defendant
believes and asserts that plaintiff failed to mitigate his damages and as a result plaintiff?s

recovery on any monetary claim should barred or substantially reduced.

PAGE 2 ANSWER AND AFFIRMATIVE $333
DEFENSES TO COMPLAINT P01157202

PHONE: (503) 227-2805
FACSIMILE: (954) 333-4238

 



Fourth Af?rmative Defense -- Good Faith
As a separate af?rmative defense to plaintiff?s complaint on ?le herein, Defendant asserts
that all action or inaction attributed to them was done in good faith.
12.
Fifth Af?rmative Defense Reservation
Defendant presently has insuf?cient knowledge or information on which to form a belief
as to whether it may have additional, as yet, unstated af?rmative defenses available. Defendant
reserves herein the right to assert additional defenses in the event that the discovery indicates

they would be appropriate.

WHEREFORE Defendant prays for:
1. Judgment dismissing Plaintiff?s claims;
2. An award of costs, disbursements, and attorney fees pursuant to ORS 90.255 and ORS
20.075; and

3. Any other relief that the Court ?nds appropriate.

Date: August 2 42019 GREENSPOON MARDER LLP

By: ?k
William J. Edgar, 0%120136
1211 SW. 5th Avenue, Suite 2850
Portland, OR 97202
(503)227?2805
William.edgar@gmlaw.com

Attorneys for Defendant

 

PAGE 3 ANSWER AND AFFIRMATIVE GREENSPOON MARDER LLP

1211 SW. AVENUE, Sum; 2850
DEFENSES TO PLAIN COMPLAINT 190anan 97202

PHONE: (503) 227-2805
FACSIMILE: (954) 333-4238

 



CERTIFICATE OF SERVICE

I hereby certify that I have served a true copy of the foregoing Defendant?s Answer and

Af?rrnative Defenses to Plaintiff s?Complaint upon the following:

Michael Fuller

OlsenDaines

US Banco Tower

111 SW 5 Avenue, Suite 3150
Portland, OR 97204

mailing to said person a complete and correct copy thereof, contained in a sealed
envelope, addressed as set forth above and deposited in the United States mail in Portland,
Oregon, with postage thereon prepaid, on said day.

telephonic facsimile communication device, at the telephone number set forth
above, which device was working at the time service was made. A printed con?rmation of
receipt of the message generated by the transmitting machine is attached hereto.

hand delivering to said attorneys a complete and correct copy thereof, contained
in a sealed envelope, at the address set forth above, on said day, and leaving it with the attorneys?
clerk, or person apparently in charge of the of?ce, or in a conspicuous place therein if no one
was apparently in charge of the of?ce.

DATED: August (9 2019 
GREENSPOON MARDER LLP



William Edgar, 
Of Attorneys for Defendant

PAGE 4 ANSWER AND AFFIRMATIVE ?25315
DEFENSES TO COMPLAINT OR 57202

PHONE: (503) 227-2805
FACSIMILE: (954) 333-4238

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