A few simple questions about filing an Answer

[beingsuedinla]

if I had your intentions and my TX attorney advised me to file an Answer in a CA case and later file a demurrer, I’d probably look for a second opinion (preferably from an attorney well-versed in CA civil procedure).

My attorney advised me to ignore the complaint and start a corporation.
I want to at least file an Answer and get my side on record instead of a default judgement right away.

You do sound as though you are 'stalking' someone - first, through the internet, now through the courts.

I haven't done anything to the courts yet, that's why I'm here asking advice and I'm taking everything in.
No, I'm not stalking anyone, I've never met the plaintiff, nor called him or emailed him, nothing but post about his harassment on I and others and expose him for what he is. The Plaintiff owns a chatboard where he posts peoples names, addresses, pics of them and their family, their voting and court records, basically every conceivable piece of information he can find on them.
This guy should have no right filing crap on others when he is involved in this type of activity. He doesn't work and lives off a trust fund so he has the time and money to harass people like filing frivolous lawsuits, this is his 8th that I know of.
The courts need to stop this guy, not me.

Here's part of my Answer I intend to file.
Any comments?

General Denial


Defendent denies each and every allegation of the Plaintiff and demands strict proof by a preponderance of the evidence.


Prayer


Defendant prays that all relief sought by Plaintiff be denied, that Plaintiff take nothing by this suit, and the Defendant recovers
all costs together with such other and further relief to which Defendant may be justly entitled.


AFFIRMATIVE DEFENCES


1. For a first, separate and distinct affirmative defense
Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

2. For a second, separate and distinct affirmative defense, if Plaintiff was damaged at all, the damage was caused by DOES 1 through 50 or other Defendants. Plaintiff's alleged damages are the result of acts or omissions committed by non-parties to this action over whom the Defendant has no responsibility or control.

3. For a third, separate and distinct affirmative defense, if Plaintiff was damaged at all, the damage was caused by his own acts.

4. For a fourth, separate and distinct affirmative defense, Plaintiff comes before this court with unclean hands.

5. For a fifth, separate and distinct affirmative defense, Plaintiff's complaint is barred under the theory of waiver.

6. For a sixth, separate and distinct affirmative defense, Defendant alleges that Plaintiff's Complaint, and each cause of action therein is barred by the Doctrine of Estoppel.

7. For a seventh, separate and distinct affirmative defense,this complaint is barred under theory of laches.

8. For a eighth, separate and distinct affirmative defense, Plaintiff has failed to name all necessary parties.

9. For a ninth, separate and distinct affirmative defense, Plaintiff's alleged damages are the result of acts or omissions committed by the Plaintiff.

10. For a tenth, separate and distinct affirmative defense, Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment if Plaintiff recovered any damages as alleged in his complaint.

 

[Ronin]

My attorney advised me to ignore the complaint and start a corporation.

Even if the merits of the lawsuit are debatable, if this suit was filed by a known law firm which specializes in this type of litigation, it is most likely not ‘frivolous’, regardless of your opinion. Attorneys who file frivolous lawsuits are sanctioned, and repeated offenses makes for a short career. Anyone who advised you to ignore the lawsuit and incorporate your assets is an idiot.

I want to at least file an Answer and get my side on record instead of a default judgement right away
Here's part of my Answer I intend to file.
Any comments?

Your response indicates almost no understanding of the procedural requirements for this type of lawsuit. The court will not likely cut any slack for a pro se filing such as this, especially with an attorney hammering away from the other side.

A well plead Answer by an attorney is where a defendant would get the most bang for the buck and often money well spent. Even more so if the lawsuit lacks merit or is frivolous. It will cost far more in the long run if the lawsuit moves forward and a judgment is rendered in the plaintiffs favor.

Under the circumstances you describe, it would not be difficult for plaintiffs attorney to pierce any corporate veils you have setup and seize the assets.

Seems as though you intend to outsmart yourself on this... Have at it, and good luck.

 

[beingsuedinla]

Your response indicates almost no understanding of the procedural requirements for this type of lawsuit. The court will not likely cut any slack for a pro se filing such as this,

Most of that Answer was copied from another Defendants lawyer who the Plaintiff filed on years ago.

I'm filing the following in a few days, Answer, Counter-claim, Discovery, Extension of counter,another request for waiver of fees since I haven't heard back from them.
I'll skip the Demurrer.

After that I'm going to file for a change of venue to San Diego and a few more things such as motions to strike.