JOHN GARRETT VIGNA
1850 N. Whitley Ave.
#817 Los Angeles, CA 90028
Defendant in Pro Per

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES

MAYA SLOAN, and THOMAS WARMING,
Plaintiffs,
vs.
JOHN GARRETT VIGNA
Defendant

Case No.: 22STSC01927

ANSWER

Central District, Stanley Mosk Courthouse,
Dpt. 90.

COMES NOW, Defendant JOHN GARRETT VIGNA, and answering the Complaint on
file herein, answers Plaintiffs’ Complaint as follows:
Under and pursuant to the provisions of California Code of Civil Procedure, specifically,
Section 431.30 thereof, this answering Defendant generally denies each and every allegation of
said Complaint, and the whole thereof, and each and every allegation of each and every cause of
action alleged therein, and further expressly denies that as a direct or proximate result of any acts
or omissions on the part of this answering Defendant, Plaintiff herein sustained or suffered injury
or damage in the amount alleged in the Complaint, or in any amount at all, or that Plaintiff has
suffered injury or damage for any reason in the sums alleged in the Complaint, or in any other
sum or sums, or at all.

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FIRST AFFIRMATIVE DEFENSE
(Breach of Contract)

1. As a first, separate, and affirmative defense to the Complaint on file herein, this
answering Defendant alleges that Plaintiffs breached the Plaintiffs’ contract with Defendant and
by reason of such breach of contract, this answering Defendant has been excused of any duty it
may have had to perform and any obligation set forth in the agreement with Plaintiff.
2. On or about August 16, 2021, Plaintiffs and Defendant entered a Collaboration
Agreement in which Plaintiffs would help Defendant write Defendant’s Proposal and Book
(hereinafter “work”). The parties agreed the delivery date to be December 1, 2021.
3. According to section 2 of the Agreement, the Defendant would pay the Plaintiffs
5% of the total advance by Defendant, if the work sold in excess of $100,000. In the event the
work sold in excess of $500,000, Defendant would pay Plaintiffs 10% of the total advance.
Lastly, if the work sold in excess of $1,000,000, Defendant would pay Plaintiffs 15% of the total
advance. Defendant paid 2/3 of the price upfront.
4. Further, under section 11 of the Agreement, Plaintiffs represented and warranted
inter alia, that they would complete the work in a timely manner. Also, under section 12, the
Plaintiffs agreed to indemnify and hold harmless the Defendant, for any of the Plaintiff’s breach
of the agreement. Under section 13 of the Agreement, the Plaintiffs agreed that if they delivered
the work after the agreed delivery date, the work would not be accepted. It is also notable that
under section 15 of the agreement, the parties agreed to solve their disputes through arbitration,
and not through litigation in Court.
5. Plaintiffs breached all of the foresaid provisions of the parties’ agreement. The
Plaintiffs delivered the work on February 9, 2022, which was later than the delivery date earlier
agreed by the Parties. Defendant could therefore not finalize the payment of the remaining third
of the price.

SECOND AFFIRMATIVE DEFENSE
(No Cause of Action)

6. As a second, separate, and affirmative defense to the Complaint on file herein,

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this answering Defendant alleges that neither Plaintiff’s Complaint, in its entirety, nor any
purported allegations set forth therein, allege facts sufficient to constitute a cause of action
against this answering Defendant.
7. Plaintiffs breached the parties’ Agreement and therefore have no claim against
Defendant. In fact, Plaintiffs owe Defendant instead.

THIRD AFFIRMATIVE DEFENSE

(Unclean hands)

8. As a third, separate, and affirmative defense to the Complaint on file herein, this
answering Defendant is informed and believes, and on such information and belief, alleges that
by reason of Plaintiffs’ conduct which constitutes a breach of contract, tortious conduct, and
unclean hands, Plaintiff is estopped to assert any right of relief.
FOURTH AFFIRMATIVE DEFENSE

(Release)

9. As a fourth, separate, and affirmative defense to the Complaint on file herein, this
answering Defendant alleges that Plaintiffs’ actions constituted a full release by Plaintiffs of any
and all claims which he may have had against Defendant.

FIFTH AFFIRMATIVE DEFENSE
(Equitable Estoppel)

10. As a fifth, separate, and affirmative defense to the Complaint on file herein, this
answering Defendant alleges that Plaintiffs herein, and each and every allegation contained in the
Complaint, is barred by reason of acts, omissions, representations, and courses of conduct by
Plaintiffs, by which this answering Defendant was led to rely on to its detriment, thereby barring
each and every cause of action under the Doctrine of Equitable Estoppel.
11. Notably, for instance, under section 11 of the Agreement, Plaintiffs represented
and warranted inter alia, that they would complete the work in a timely manner. Also, under
section 12, the Plaintiffs agreed to indemnify and hold harmless the Defendant, for any of the
Plaintiff’s breach of the agreement. Under section 13 of the Agreement, the Plaintiffs agreed that
if they delivered the work after the agreed delivery date, the work would not be accepted. It is

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also notable that under section 15 of the agreement, the parties agreed to solve their disputes
through arbitration, and not through litigation in Court. Plaintiffs proceeded to enter the
Agreement under the said representations.
12. Accordingly, the entire Plaintiffs’ allegations are barred by equitable estoppel.

WHEREFORE, this answering Defendant prays for judgment that this answer be
deemed good and sufficient and all claims by Plaintiffs against Defendant be dismissed, with
prejudice, and such other and further relief, legal and equitable, including attorney’s fees, be
awarded Defendant.

DATED: 16:29

Respectfully Submitted

Your signature
JOHN GARRETT VIGNA
1850 N. Whitley Ave.
#817 Los Angeles, CA 90028
Pro Se

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CERTIFICATE OF SERVICE

The undersigned does hereby certify that a true and correct copy of this Defendant’s
answer to Plaintiffs’ complaint was duly served upon the Plaintiffs, on [ENTER DATE].

MAYA SLOAN, and THOMAS WARMING
1850 N. Whitley Ave.
#806 Los Angeles, CA 90028

Your signature
JOHN GARRETT VIGNA
1850 N. Whitley Ave.
#817 Los Angeles, CA 90028
Pro Se

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