Answer to Order to Show Cause and Counterclaim

by | Dec 14, 2021 | Samples legal papers

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

CHATSWORTH COURTHOUSE

 

DISCOVER BANK     §

Plaintiff,     §

  1.     § Case No. 19CHLC00901

ERIC GRIFFIS     §

Defendant.     §

 

DEFENDANT’S ANSWER TO ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT) AND COUNTERCLAIMS

 

TO THE HONORABLE COURT:

COMES NOW Defendant who is in receipt of the Order to Show Cause Re: Dismissal issued by this court on February 26, 2021, and responds as follows:

  • FACTS
  1. Plaintiff and Defendant signed an agreement that Defendant would make 16 monthly payments. 
  2. Defendant made payment of last instalment in July, 2020.
  3. The agreement indicated that if a payment was not settled within a 5-day window, the full amount would be due immediately.
  4. One of the payments fell through in September 2019 and Defendant promptly informed Plaintiff.
  5. Through its agents, Plaintiff informed Defendant that nothing was due. Plaintiff went further to refuse payment from Defendant.
  • DEFENCES AND COUNTERCLAIMS
  1. Every allegation contained in Plaintiff’s Notice of Motion and Motion to Enter Judgment Pursuant to Stipulation not specifically admitted, modified, or explained herein is denied.
  2. Defendant admits that a valid contract exists between him and Plaintiff.
  3. Defendant had every intention of fulfilling his obligations as per the agreement.
  4. Defendant called Plaintiff to inform it of a payment that fell through in September 2019. 
  5. Plaintiff reassured Defendant that there was nothing due from him. Defendant acted on Plaintiff’s advice that there was nothing to worry about and went on with his life as usual.
  6. Defendant had every intention of making the payment that fell through in September 2019 but Plaintiff refused payment.
  7. Defendant states that Plaintiff is liable for unethical banking practices such as deceiving Defendant, failure to collect, and erroneously reporting balance owed. 
  8. Plaintiff told Defendant that he was not supposed to pay anything in regard to the payment that fell through in September 2019, even though Plaintiff knew that Defendant was supposed to pay, and that Defendant would be sued if he didn’t make the payment that fell through. 
  9. Plaintiff had every chance to collect the payment that fell through in September 2019 from Defendant’s account but didn’t. Plaintiff collected 10 more payments until July 2020 but failed to collect the payment that fell through in September 2019.
  10. Plaintiff also reported a false balance owed by Defendant. Plaintiff had already informed Defendant that there was no balance owed in regard to the payment that fell through in September 2019. Plaintiff erred by including the payment that fell through in September 2019 even though it had informed Defendant that there was no payment due.
  11. Plaintiff has brought this suit against Defendant in bad faith.
  12. Plaintiff seeks an equitable remedy before this court. He who comes to equity must come with clean hands. No one is entitled to the aid of a court of equity when that aid has become necessary through his or her own fault.
  13. Plaintiff seeks aid of this court when it is clear that aid has become necessary through Plaintiff’s own fault.
  14. Plaintiff assured Defendant that there was no due payment on the payment that fell through in September 2019, even when Defendant was ready to pay. If indeed there was payment due, Plaintiff should have deducted it from Defendant’s account, just like the other instalments.
  15. Had Plaintiff let Defendant make the payment that fell through in 2019 or deducted the amount from Defendant’s account, Plaintiff would not be seeking the aid of this court. Therefore, Plaintiff should not be granted any equitable remedy.

REASONS WHEREFORE, Defendant respectfully asks this Honorable Court to grant him the following reliefs:

  1. Enter judgment in Defendant’s favor on all of Plaintiff’s claims;
  2. Costs of this suit;
  3. Interest on (b) above; and
  4. Such other and further relief as the Court deems just and proper.

 

Respectfully Submitted,

______________________________

Eric Griffis

Insert Address

Insert State & ZIP Code

Insert Phone Number

Insert Email

VERIFICATION

I, Eric Griffis, being duly sworn depose and say that I am the Defendant in the above entitled action, that I have read the foregoing Defendant’s Answer to Show Cause Re: Dismissal and knows the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this the _____ day of ____________________, 2021.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was sent on the (Date) day of (Month) (Year) by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to the following parties or attorneys of record:

(Name of Defendant’s Attorney), Attorney at Law

 

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