affirmative defenses

Boilerplate Affirmative Defense Motion to Strike Demurrer

Boilerplate Affirmative Defenses: Motion to Strike & Demurrer [California Form Template Sample]

Many times, when defendants are sued in California they file an answer alleging numerous boilerplate affirmative defenses with no supporting facts. Technically, this is improper, and these defenses may be subject to a motion to strike or demurrer under California law. The authorities below can be used in a motion to strike or demurrer seeking … Read More

Damages Trees California Law Code Civil Procedure 733 Civil Code 3346

Neighbor Cut Trees on My Property Without Permission

What Happens if a Neighbor Cuts Down a Tree on your Property? How to Measure the Damage to Trees (Nuisance, Encroachment, Neighbors) under California Civil Code 3346 & Code of Civil Procedure 733 One of the heavily litigated issues when a neighbor cuts or chops trees on your property without permission or consent is the … Read More

Mitigation Damages Breach Lease Contract Green v Smith California Attorney Lawyer

Mitigation of Damages in Breach of Lease & Contract [California Definition Green v. Smith]

Mitigation of Damages Affirmative Defense to Breach of Lease & Contract in California Parties to contracts should be aware of the duty to mitigate damages by all parties, including landlords. This includes damages for unpaid rent that becomes due after the breach of a lease. This doctrine of mitigation of damages, often called a duty … Read More

Negligent Misrepresentation Elements in California [Defenses Definition CACI]

Negligent Misrepresentation Elements in California [Defenses Definition CACI]

The Ultimate Guide to Bringing and Defeating Negligent Misrepresentation Claims in California Courts It is often said that a cause of action for fraud is easy to allege, but hard to prove. Perhaps the easiest form of fraud to allege is negligent misrepresentation. This makes it perhaps the most common form of fraud alleges by parties in litigation. However, a close … Read More

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