DEFENDANTS ANSWER AND AFFIRMATIVE DEFENSES

by | Feb 14, 2024 | others

SasSandra Nitza Parish-Taylor

164 Robles Way #320

Vallejo, CA 94591

510-414-8335

 

Plaintiff in pro per

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ALAMEIDA

 

 

DAIQUAN FRANK MARSHAWN HOWARD,

Plaintiff,

vs.

SASSANDRA NITZA PARISH-TAYLOR,

Defendant(s)

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 Case No.: 23CV032380

 

 

DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES

 

NOW COMES SasSandra Nitza Parish-Taylor, Defendant and files this Defendant’s Answer and Affirmative Defenses, and for cause would show this Honorable Court as follows:

 

  1. ANSWER
  1. Defendant denies allegation no. 3 on page 2 of Plaintiff’s Complaint since it is false and has no foundation.
  2. Defendant denies allegation no. 4 on page 2 of Plaintiff’s Complaint since it is false and has no foundation.
  3. Defendant denies allegation no. 5 on page 2 of Plaintiff’s Complaint since it is false and has no foundation.
  4. Defendant denies allegation no. 6 on page 2 of Plaintiff’s Complaint since it is false and has no foundation.
  5. Defendant denies allegation no. 7 on page 2 of Plaintiff’s Complaint since it is false and has no foundation.

 

  1. FACTUAL BACKGROUND
  1. The Frank J. Howard Living Trust was created on August 3, 2000, with Frank J. Howard as the grantor.
  2. Frank J. Howard passed away on August 14, 2001.
  3. The Trust assets include two properties: 1908 Fairview St, Berkeley, CA 94703, and 8872 Quarterhorse Lane, Clear Lake, CA.
  4. The beneficiaries of the Trust assets are SasSandra Nitza Parish-Traylor, Nicole Iyana Shannon, Daiquan Frank Marshawn Howard, and Rainie Stephanie Wooten, each with a 25% beneficial interest.

 

  1. AFFIRMATIVE DEFENSES

First Affirmative Defense: Lack of Misappropriation

  1. No unauthorized use or diversion of Trust assets occurred.

 

Second Affirmative Defense: No Actual Damages

  1. The Plaintiff suffered no actual damages as a result of the Defendant’s actions. The Trust assets, including the properties, remain intact, and any allegations of financial harm are unsubstantiated. Therefore, the Plaintiff cannot demonstrate any actual damages caused by the Defendant’s actions.

 

  1. CONCLUSION
  1. Based on the above-stated facts and legal arguments, it is clear that the Defendant has strong affirmative defenses to the allegations brought against her.
  2. The lack of misappropriation and no actual damages support the Defendant’s position.
  3. The Defendant is confident that the evidence and legal principles presented in this memorandum will effectively defend the Defendant’s interests in this case.
  4. The Defendants requests this Court to consider these arguments when evaluating the merits of the Plaintiff’s claims.

 

  1. PRAYER FOR RELIEF

REASONS WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully requests this Court to dismiss Plaintiff’s Complaint with prejudice and AWARD the Defendant costs of this suit.

 

 

 

 

Dated this _____ day of June, 2023.

 

 

Respectfully Submitted,

 

 

 

 

________________________________________

SasSandra Nitza Parish-Taylor,

Defendant in pro per

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